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Merrett -v- Capitol Indemnity Corporation

9th Oct 1990

(1992) 1 Re LR 46; [1991] 1 Lloyd’s Rep. 169

Christopher Butcher and Stephen Kenny acted in this case where the Reinsureds were not precluded from recovering from reinsurers by the reason of the fact that brokers had already gratuitously “funded” the claims.

Reinsurance – Insurance brokers – Reinsured claimed under reinsurance policies – Brokers paid claims gratuitously – Whether reinsured could still claim against reinsurers.