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Aiken –v- Stewart Wrightson Members Agency Ltd.

10th Feb 1995

[1995] 2 Lloyd’s Rep. 618; [1995] 1 WLR 1281; [1995] 3 All ER 449

Adam Fenton – Reinsurance – Aggregate excess loss – Misrepresentation and non-disclosure – Whether members’ agents owed duty of care in contract or in tort to Names in relation to placing of run-off insurance – Whether in breach of such duty – Whether if full disclosure run-off insurance would have been placed.
Negligence – Duty of care – Members’ agents – Whether members’ agents liable in respect of negligence of managing agents – Whether personal and non-delegable contractual duty.
Limitation of action – Period of limitation – Specialty contracts – Whether Names entitled to benefit of 12 year limitation period – Whether claims actions on specialties – Limitation Act, 1980, s. 8.

Relevant Members