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HIB Ltd. –v- Guardian Insurance Co. Inc. and Eagle Star Insurance Co. Ltd and Eagle Star Reinsurance Co. Ltd.

11th Dec 1996

[1997] 1 Lloyd’s Rep 412

Dominic Kendrick – This was an application by the first defendants Guardian Insurance Co. Inc. of the United States Virgin Islands to stay the action brought by the plaintiffs Hogg Insurance Brokers Ltd. against the first defendants and the second and third defendants, Eagle Star Insurance Co. Ltd. and Eagle Star Reinsurance Co. Ltd. for negative declaratory relief on the ground that the plaintiffs’ claims did not fall within R.S.C., O. 11, r. 1 and that the case could more suitably be tried in the Virgin Islands.

Reinsurance – Cancellation – Forum non conveniens – Stay of action – Reinsurers gave notice of cancellation – First defendants alleged surplus treaty reinsurance still in existence – Proceedings brought in Virgin Islands – Whether England more appropriate forum – Whether action should be stayed.

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