English & American Insurance Company Ltd v AXA Re SA [2007] EWCA Civ 1178 (02 October 2007)

English & American Insurance Company Ltd v AXA Re SA [2007] EWCA Civ 1178 (02 October 2007)

The judge was entitled to grant summary judgment as Axa had no realistic prospect of defending the claim for the minimum sum, and subsequent events confirmed Axa's liability for the amount claimed.

Citation
[2007] EWCA Civ 1178
Parties
Respondent/claimant: English and American Insurance Company Limited; Appellant/defendant: AXA Re SA
Jurisdiction
England and Wales
Judgment Date
02 October 2007
Procedural Posture
Appeal / Costs Determination Following Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Reinsurance, Follow the Settlement Clauses, Costs
Insurance Law Civil Procedure Summary Judgment Reinsurance Follow the Settlement Clauses Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

English and American Insurance Company Limited

Respondent/claimant

AXA Re SA

Appellant/defendant

Procedural Posture

Appeal / Costs Determination Following Summary Judgment

Legal Issues

  1. 1 Whether the application for summary judgment was premature
  2. 2 Whether the judge was correct to grant summary judgment for the minimum sum claimed
  3. 3 Whether the follow the settlement clause imposed formal requirements not met by EAIC

Ratio Decidendi

The judge was entitled to grant summary judgment as Axa had no realistic prospect of defending the claim for the minimum sum, and subsequent events confirmed Axa's liability for the amount claimed.

Court Disposition

Appeal dismissed

Orders

  • Costs order below affirmed in the sum of £35,000