Mander And Others –v- Commercial Union Assurance Company Plc And Others Mander And Others –v- Prudential Assurance Company Ltd Pearl Assurance Plc Mander And Others –v- Gyngell Dobinson Gregory Company Ltd David Gyngell & Company Ltd

Robert Bright QC

[1998] Lloyd’s Rep IR 93

Robert Bright – Retrocession – P&I risks – Declarations – Whether properly made and accepted – Reinsured subscribing to open covers developed by brokers for insurance of marine P&I liabilities – Brokers seeking to retrocede reinsureds liabilities under those covers by declaring them under further open Marine Multi-liability Cover subscribed by defendant reinsurers – Actions by reinsured against reinsurers – Reinsurers alleging that (1) no proper declarations were made and accepted under cover; (2) if there ever were contracts of reinsurance, such contracts had been validly avoided – Counter-allegations of estoppel, waiver and ratification – Settlement between reinsured and following reinsurers – Whether leading reinsurers had no authority under the cover to bind following market – Whether brokers were liable to indemnify reinsured against loss of reinsurances, both so far as security of reinsurers was concerned, and so far as security of following market was concerned

Date added: January 21st, 1998


Area of Expertise

Insurance & Reinsurance