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Companhia De Seguros Imperio –v- Heath (REBX) Ltd And Others

20th Jul 2001

[2001] 1 WLR 112; [2001] Lloyd’s Rep IR 109; [2000] 2 All ER (Comm) 787; [2000] Lloyd’s Rep PN 795; [1999] Lloyd’s Rep PN 571; [1999] 1 All ER (Comm) 750

Adam Fenton – Limitation of action – Breach of duty – Equitable compensation – Action by company against underwriters for dishonest breach of fiduciary duty – Whether six-year limit in contract and tort applicable by analogy

Reinsurance pool – Binding authority given to underwriting agent – Pool member used as front – Allegation that underwriting agent was liable for breach of contract, tort and breach of fiduciary duty in singling out pool member for use as front – Whether claim time-barred

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