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Kingscroft Ins. Co. Ltd. & Walbrook Ins. Co. Ltd & others -v- The Nissan Fire & Marine Insurance Company Limited.

29th Jul 1999

[2000] 1 All ER (Comm) 272; [1999] 1 Lloyd’s Rep 603

Gavin Kealey QC led Alistair Schaff Q.C. – Reinsurance – Facility quota share treaties reinsuring reinsurance pool – Pool consisting of stamp companies and other members acting as whole account quota share reinsurers – Whether companies later joining pool were parties to reinsurance – Whether pool entitled to enter into excess of loss reinsurance contracts in respect of retention – Whether treaties covered all pool members or only stamp companies – Whether misrepresentation or non-disclosure as to retention – Effect of service of provisional notice of cancellation – Whether misrepresentation as to use of over-rider by reinsured – Whether treaties should be rectified.