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England and Wales decisions
Decisions matching the current search
Commercial Court reinsurance judgment on excess erosion, follow-the-settlements, settlement conduct, and interest in a long-running RSA v Equitas dispute.
Summary judgment was granted for the claimant in a reinsurance dispute over a follow settlements clause and whether the original insurer had acted properly and businesslike in settling Tesco’s claim.
Tokio Marine Europe Insurance Ltd v Novae Corporate Underwriting Ltd [2014] EWHC 2105 (Comm) (02 July 2014)
Summary judgment was granted for the claimant in a reinsurance dispute over a Tesco flood loss settlement and the operation of a follow settlements clause.
Amlin Corporate Member Ltd & Ors v Oriental Assurance Corporation [2012] EWCA Civ 1341 (17 October 2012)
Court of Appeal refused to stay English reinsurance proceedings pending Philippine litigation over the Princess of the Stars disaster.
The Court of Appeal refused to stay English reinsurance proceedings pending Philippine litigation over the Princess of the Stars casualty.
Commercial Court appeal about reinsurance claims, follow-the-settlements clauses, allocation of loss, and an occurrence clause. The appeal was dismissed.
Wasa International Insurance Company Ltd. v Lexington Insurance Co [2007] EWHC 896 (Comm) (25 April 2007)
The Commercial Court held that Wasa and AGF were not liable to follow Lexington’s Alcoa settlement, because the reinsurance was limited to the three-year period of cover.
Commercial Court held reinsurers were not liable for Lexington’s Alcoa settlement, the retention was per occurrence, and no defence-cost term was implied.
Allianz Marine Aviation (France) v GE Frankona Reinsurance Ltd. London & Anor [2005] EWHC 101 (Comm) (04 February 2005)
The Commercial Court held that the reinsurance excess was to be deducted from the original settlement figure, not from Allianz’s share, and entered judgment for Allianz.
Skandia International Corp & Anor v NRG Victory Reinsurance Ltd [1998] EWCA Civ 467 (16 March 1998)
The Court of Appeal allowed reinsurers’ appeal, holding that a predicted foreign verdict was not enough to prove the reinsureds’ legal liability under the original policy.
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