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Eagle Star -v- Cresswell

22nd Mar 2004

[2004] Lloyd’s Rep IR 537, [2004] 2 All ER (Comm) 244, [2004] 1 All ER (Comm) 508

In both the Commercial Court and the Court of Appeal, Jim represented (led by the then Julian Flaux QC) reinsurers in a dispute as to the proper construction of a claims co-operation clause in a reinsurance contract.

Reinsurance – Follow the settlements – Claims co-operation clause – Whether claims co-operation clause a condition precedent to liability of reinsurers.

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