European International Reinsurance Company Ltd v Curzon Insurance Ltd & Ors [2003] EWCA Civ 1074 (22 July 2003)

European International Reinsurance Company Ltd v Curzon Insurance Ltd & Ors [2003] EWCA Civ 1074 (22 July 2003)

It is arguable on the pleadings that SRS, SOL, and Marsh, through their employees, assumed responsibility to Curzon and owed a duty of care in the placing of reinsurance; thus, Curzon has a realistic prospect of succeeding against them, and the appeal to set aside their joinder is dismissed.

Citation
[2003] EWCA Civ 1074
Parties
Defendant/part 20 Claimant (respondent): European International Reinsurance Company Ltd; Defendant/part 20 Claimant (respondent): Curzon Insurance Ltd; Part 20 Defendant (appellant): Sedgwick Ltd; Part 20 Defendant (appellant): Sedgwick UK Risk Services Ltd; Part 20 Defendant (appellant): Sedgwick OS Ltd; Part 20 Defendant (appellant): Marsh USA Inc; Respondent: Curzon Insurance Ltd
Jurisdiction
England and Wales
Judgment Date
22 July 2003
Procedural Posture
Appeal From High Court (commercial Court) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Assumption of Responsibility, Duty of Care, Vicarious Liability, Agency, Brokers' Liability, Joinder of Parties
Tort Law Insurance Law Professional Negligence Assumption of Responsibility Duty of Care Vicarious Liability Agency Brokers' Liability +1 more

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Parties

European International Reinsurance Company Ltd

Defendant/part 20 Claimant (respondent)

Curzon Insurance Ltd

Defendant/part 20 Claimant (respondent)

Sedgwick Ltd

Part 20 Defendant (appellant)

Sedgwick UK Risk Services Ltd

Part 20 Defendant (appellant)

Sedgwick OS Ltd

Part 20 Defendant (appellant)

Marsh USA Inc

Part 20 Defendant (appellant)

Curzon Insurance Ltd

Respondent

Procedural Posture

Appeal From High Court (commercial Court) / Appeal Judgment

Legal Issues

  1. 1 Whether SRS, SOL, and Marsh owed a duty of care to Curzon Insurance Ltd in the placing of reinsurance
  2. 2 Whether there was an arguable case that SRS, SOL, and Marsh assumed responsibility to Curzon
  3. 3 Whether SRS, SOL, and Marsh could be vicariously liable for the acts of their employees (Messrs Hammond and Herrick)

Ratio Decidendi

It is arguable on the pleadings that SRS, SOL, and Marsh, through their employees, assumed responsibility to Curzon and owed a duty of care in the placing of reinsurance; thus, Curzon has a realistic prospect of succeeding against them, and the appeal to set aside their joinder is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appellants will pay the respondent the costs of the appeal on a standard basis, to be assessed if not agreed.