Wurttembergische Feuerversicherung AG –v- Home Insurance Company; M E Rutty Underwriting Agencies Ltd (Third Party)

Dominic Kendrick QC

(1993) 2 Re LR 253

Dominic Kendrick – Run-off – Pool – Reinsurance of pool members’ liabilities – Whether reinsured or reinsurer placed in direct contractual relationship with agency (pool manager) – Whether agency acted for reinsured, reinsurer or both – Whether reinsurer liable to reinsured in respect of any claim under original policies which had not been settled or resisted conscientiously by agency – Whether reinsurers entitled to put reinsured to strict proof of claims – Whether reinsured obliged to produce to reinsurers any further and, if so, what information in respect of claims – Whether reinsured or reinsurer obliged to discharge agency’s proper expenses – Whether reinsured under contractual duty to reinsurer to take prudent and businesslike steps in and about the monitoring, investigation and effecting of reinsurance recoveries which would inure to the reisinsurers’ benefit and credit – Whether reinsured discharged any such duty by permitting agency to take such steps and credit reinsurers – Whether under reinsurance contract agency owed contractual duty and/or duty of care to reinsurers – Whether agency under contractual duty and/or duty of care to reinsurers to take prudent and businesslike steps in and about the monitoring, investigation and effecting of reinsurance recoveries.

Date added: August 4th, 1992


Area of Expertise

Insurance & Reinsurance