R+v Versicherung AG v Risk Insurance and Reinsurance Solutions SA & Ors

R+v Versicherung AG v Risk Insurance and Reinsurance Solutions SA & Ors

Risk is precluded by abuse of process and estoppel from arguing that ratification of the Addenda precludes recovery of the 40% Deduction as damages for conspiracy. The 40% Deduction is recoverable in full as damages for conspiracy. Claims handling fees are only payable for claims actually handled by Risk prior to termination. Profit commission is to be calculated after deduction of all commissions and fees. Internal management and staff time may be recoverable as damages if significant disruption is shown, subject to proof at the quantum hearing.

Parties
Claimant: R+V Versicherung AG; Defendants: Risk Insurance and Reinsurance Solutions SA & Others
Jurisdiction
England and Wales
Judgment Date
27 January 2006
Procedural Posture
Commercial / Post Liability Quantum Determination Following Judgment on Liability
Outcome
Issues of principle determined in favour of the claimant; quantum to be assessed at a later hearing.
Legal Topics
Conspiracy, Breach of Fiduciary Duty, Damages Assessment, Ratification, Estoppel, Agency Law, Remedies
Commercial Law Insurance Law Tort Law Conspiracy Breach of Fiduciary Duty Damages Assessment Ratification Estoppel +2 more

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Parties

R+V Versicherung AG

Claimant

Risk Insurance and Reinsurance Solutions SA & Others

Defendants

Procedural Posture

Commercial / Post Liability Quantum Determination Following Judgment on Liability

Legal Issues

  1. 1 Whether the 40% commission deduction (the '40% Deduction') is recoverable by the claimant as damages for conspiracy
  2. 2 Whether the Addenda and Binders are separate or single agreements and whether ratification by R+V affects recoverability
  3. 3 Whether Risk is estopped or precluded from arguing ratification or quantum points not raised at trial

Ratio Decidendi

Risk is precluded by abuse of process and estoppel from arguing that ratification of the Addenda precludes recovery of the 40% Deduction as damages for conspiracy. The 40% Deduction is recoverable in full as damages for conspiracy. Claims handling fees are only payable for claims actually handled by Risk prior to termination. Profit commission is to be calculated after deduction of all commissions and fees. Internal management and staff time may be recoverable as damages if significant disruption is shown, subject to proof at the quantum hearing.

Court Disposition

Issues of principle determined in favour of the claimant; quantum to be assessed at a later hearing.

Orders

  • Risk must account for and repay the 40% Deduction to R+V.
  • Risk is not entitled to further credit for the 40% Deduction.