Charter Reinsurance Company Ltd v Fagan
| Jurisdiction | UK Non-devolved |
| Judge | Lord Goff of Chieveley,Lord Griffiths,Lord Browne-Wilkinson,Lord Mustill,Lord Hoffmann |
| Judgment Date | 22 May 1996 |
| Judgment citation (vLex) | [1996] UKHL J0522-4 |
| Date | 22 May 1996 |
| Court | House of Lords |
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... ... Introduction ... 1 The issues before us arise from a facultative reinsurance placed with Gan Insurance Company Limited of London ("Gan") by The Tai Ping Insurance Company ... 13 Construction, as Sir Thomas Bingham MR (as he then was) said in Arbuthnott v. Fagan (30 th July 1993) [1996] LRLR 143 is thus "a composite exercise, neither uncompromisingly ... 40 Mr Edelman associated this question with the issue left open by Lord Mustill in Charter Reinsurance Co. Ltd. v. Fagan [1997] A.C. 313, 385B , "whether there can be cases where a ... ...
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...meaning", "the words have a natural meaning." In this regard, Lord Hoffman observed in the case of Charter Reinsurance Co. Ltd v Fagan [1996] 2 W.L.R. 726, 762: I think that in some cases the notion of words having a natural meaning is not a very helpful one. Because the meaning of words i......
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2 firm's commentaries
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English Law A Love Letter
...under the reinsurance policy from the reinsurer, even though the insurer had not yet paid his insured (Charter Reinsurance Co Ltd v Fagan [1997] AC 313). Contractual wording may be re-arranged, or transposed and grammatical mistakes may be overlooked. In ICS v West Bromwich, the House of Lo......
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...notes that there is nothing legalistically contrived in recognising different types of debt obligation. In Charter Reinsurance v Fagan [1997] AC 313, Lord Hoffmann acknowledged the elasticity of the word "pay", recognising that in some contexts it signified only that a liability has been in......
6 books & journal articles
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Can Complex Contracts Effectively Replace Bankruptcy Principles? Why Interpretation Matters.
...also supra Section 3.1. (297) Sigma Fin. Corp. (in administrative receivership) [2009] UKSC2. (298) Charter Reinsurance Co. Ltd. v. Fagan [1997] AC 313. (299) Inv'r Compensation Scheme Ltd. v. W. Bromwich Bldg. Soc'y [1998] 1 WLR (300) Miramar Maritime Corp. v. Holborn Oil Trading Ltd [1984......
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...Export Ltd v Mutual Boiler & Machinery Insurance Co [1980] 1 SCR 888 at 901, per Estey J; Charter Reinsurance Co Ltd v Fagan [1996] 2 Lloyd’s Rep 113 at 117, per Lord Mustill; Union Camp Chemicals Ltd v ACE Insurance SA-NV [2001] CLC 1609 at 1617 [34]–1619 [38], per HHJ hornton QC; Canadian......
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Clauses 'Defining the Risk as a Whole' and 'Risk Mitigation' Clauses under Section 11 of the Insurance Act 2015: The Shifting Tide of Crewing Warranties in Marine Insurance
...Rederierna AB [1985] 1 AC 191, 201, per Lord Diplock. 57 [2005] Lloyd’s Rep IR 294 at para 19. 58 Charter Reinsurance Co Ltd v Fagan [1997] AC 313 at page 384C-D, per Lord Mustill. 59 Wickman Machine Tool Sales Ltd v Schuler AG [1974] AC 235, page 251, per Lord Reid. 60 [1996] 1 Lloyd’s Rep......
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