Insurance and Reinsurance in UK Law

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Leading Cases
  • Wickman Machine Tool Sales Ltd v L. Schuler A.G.
    • House of Lords
    • 04 Abril 1973

    The fact that a particular construction leads to a very unreasonable result must be a relevant consideration. The more unreasonable the result the more unlikely it is that the parties can have intended it, and if they do intend it the more necessary it is that they shall make that intention abundantly clear.

  • Charter Reinsurance Company Ltd v Fagan
    • House of Lords
    • 22 Mayo 1996

    This is, however, an occasion when a first impression and a simple answer no longer seem the best, for I recognise now that the focus of the argument is too narrow. The words must be set in the landscape of the instrument as a whole.

    This result can undoubtedly be changed by express provision, but clear words would be required; and it would to my mind be strange if a term changing so fundamentally the financial structure of the relationship were to be buried in a provision such as clause 2, concerned essentially with the measure of indemnity, rather than being given a prominent position on its own.

  • Hunt v Severs
    • House of Lords
    • 28 Abril 1994

    He should recover from the tortfeasor no more and no less than he has lost. The two well-established categories of receipt which are to be ignored in assessing damages are the fruits of insurance which the plaintiff himself has provided against the contingency causing his injuries (which may or may not lead to a claim by the insurer as subrogated to the rights of the plaintiff) and the fruits of the benevolence of third parties motivated by sympathy for the plaintiff's misfortune.

  • Post Office v Norwich Union Fire Insurance Society Ltd
    • Court of Appeal (Civil Division)
    • 18 Enero 1967

    In these circumstances I think the right to sue for these moneys does not arise until the liability is established and the amount ascertained. If there is an unascertained claim for damages in tort, it cannot be proved in the bankruptcy: nor in the liquidation of the Company. But nevertheless the injured person can bring an action against the wrongdoer. In the case of a Company, he must get the leave of the Court. In that way liability can be established and the loss ascertained.

    It is quiteunheard of in practice for any assured to sue his insurers in a money claim when the actual loss against which he wishes to be indemnified has not been ascertained, I have never heard of such an action and there is nothing in law that makes such an action possible.

  • Samuel (P.) & Company Ltd v Dumas
    • House of Lords
    • 25 Febrero 1924

    It may well be that, when two persons are jointly insured and their interests are inseparably connected so that a loss or gain necessarily affects them both, the misconduct of one is sufficient to contaminate the whole insurance ( Phillips on Marine Insurance, vol.

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Legislation
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Books & Journal Articles
  • The Construction of Terms of Facultative Reinsurance Contracts: is Wasa v Lexington the Exception or the Rule?
    • Núm. 73-1, Enero 2010
    • The Modern Law Review
    Do reinsurers insure the liability faced by the reinsured under its original insurance contract? Where the reinsurance and direct insurance policies are written in identical terms, is it enough for...
    ...... v Lex ingto n the Exception or the Rule? zlem Gˇrses n Do reinsurers insure the liability faced by the reinsured under its original insurance contract? Where the reinsurance and direct insurance policies are written in identical terms, is it enough for the reinsured to proveits l iability ......
  • Mazars.
    • Núm. 2003, Mayo 2003
    • Financial Management (UK)
    • Grewer, Claire
    • On the move - Brief Article
    ......Jones has worked as an insurance tax specialist for a number of years. He specialises in corporate tax for ... international businesses in the broking, general insurance, reinsurance and captive insurance market. . ......
  • Comment on the Decision of the House of Lords in Wasa International Insurance Co Ltd v Lexington Insurance Co [2009] UKHL 40
    • Núm. 5-1, Enero 2015
    • Southampton Student Law Review
    • Jie Zhang
    • University of Southampton
    • 15-18
    ...... Co1 hereinafter called “Wasa v Lexington”, in which arose disputes regarding which law would be applied to the interpretation of the reinsurance contract, where the primary insurance and facultative proportional reinsurance, with an “as original” clause, were governed by different law. ......
  • Handling conflicts of interest within financial innovation. The case of regulation and supervision of Bermuda sidecars
    • Núm. 16-4, Octubre 2009
    • Journal of Financial Crime
    • 353-363
    Purpose: The purpose of this paper is to describe the experience of a financial services regulator, the Bermuda Monetary Authority (BMA), in identifying and dealing with conflicts of interest in in...
    ......, background and contextual information on Bermuda reinsurancemarket relies on secondary sources describing and analyzing it.Findings – The ...Section 1 provides background informationon the insurance and reinsurance market in Bermuda, helping set the scene for theemergence ......
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Law Firm Commentaries
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