Teal Assurance v WR Berkley and Aspen
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Civil Division) |
| Judge | Lord Justice Longmore,Lord Justice Tomlinson,Sir Robin Jacob |
| Judgment Date | 15 December 2011 |
| Neutral Citation | [2011] EWCA Civ 1570 |
| Docket Number | Case No: A3/2011/0365 |
| Date | 15 December 2011 |
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
3 cases
-
Teal Assurance Company Ltd v W.R Berkley Insurance (Europe) Ltd and Another
...16) as the commercial common sense of the top and drop policy, citing Rainy Sky SA v Kookmin Bank [2011] UKSC 50, [2011] 1 WLR 2900[2011] EWCA Civ 1570 Lord Neuberger, President Lord Mance Lord Clarke Lord Sumption Lord Toulson Teal Assurance Company Limited (Appellant) and W R Berkley In......
-
WR Berkley Insurance (Europe) Ltd and Another (Appellants/ Defendants) v Teal Assurance Company Ltd (Respondent/ Claimant)
...to the order and timing of the establishment and ascertainment of the original insured's liability – see [2011] EWHC 91 (Comm), [2011] EWCA Civ 1570 and [2013] UKSC 57. That conclusion is hardly novel. It gives effect to the decision of the Court of Appeal in Post Office v Norwich Union Fi......
-
Teal Assurance Company Ltd v WR Berkley Insurance Europe Ltd and Another
...to an indemnity under its professional indemnity insurance programme in respect of the sum of US$13,460,531 as and when ASPCL[2011] EWCA Civ 1570; and the Supreme Court: see [2013] UKSC 18 In light of those judgments, Teal revised its case. As already noted, the Schedule sets out BVC's expe......
2 firm's commentaries
-
Insurance: Allocation Of Losses
...of the parties". Further reading: Teal Assurance Company Ltd v WR Berkley Insurance (Europe) Limited and Aspen Insurance UK Limited [2011] EWCA Civ 1570 This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to Law-Now......
-
Issues in Reinsurance 2011
...England and Wales Court of Appeal delivered its decision in Teal Assurance Company Ltd v WR Berkley (Europe) Insurance Ltd & Anor [2011] EWCA CIV 1570. The case related to the allocation of liability claims against a "tower" of underlying insurance policies and an excess "top and drop" ......
1 books & journal articles
-
Scope of the Auction House Authenticity Guarantee: Sub-Agency Contracts and Interpretation of the 'Generally Accepted View'.
...agreement); EWHC 3416 [22], (7) EWCA Civ 1570 [71]. (8) EWCA Civ 1570 [72], (9) EWCA Civ 1570 [75 (i)]. (10) EWCA Civ 1570 [75 (ii)]. (11) EWCA Civ 1570 (12) EWCA Civ 1570 [75 (v)]. (13) EWHC 3416 [23]; EWCA Civ 1570 [79], (14) Partnership Act 1890, s. 1. (15) EWCA Civ 1570 [93], (16) Partn......
