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Equitas Ltd -v- Wave City Shipping Co. Ltd.

13th May 2005

[2006] Lloyd’s Rep. IR 646; [2005] 2 All ER (Comm) 301

David Bailey acted for the Claimants in this Reinsurance- negative declaratory relief – Jurisdiction – Article 5 of Jurisdiction Regulation

Insurance (marine war risks) – Conflict of laws – Vessel becoming constructive total loss – War risks insurers refusing to make payment – Insurers receiving profit commission from reinsurers – Allegation by assured that reinsurers had induced breach of insurance contract by paying profit commission – Application by reinsurers for negative declaration – Whether court had jurisdiction to grant negative declaratory relief in respect of tort claim

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