header-logo header-logo

20 November 2009
Issue: 7394 / Categories: Case law , Law digest
printer mail-detail

Reinsurance

Equitas Ltd v R and Q Reinsurance Company (UK) Ltd [2009] EWHC 2787 (Comm), [2009] All ER (D) 154 (Nov)

When it came to proving that a reinsured came within the provisos of a settlement clause, a distinction had to be drawn between the facts which generated the claims and the legal extent of the cover provided.

Contracts of reinsurance were independent bargains, separate from the underlying contracts of insurance. In order for insurers to recover from their underwriters, they had to prove the loss in the same manner as the original assured had had to prove it against them.

The insurance market, in order to simplify and hasten procedures, had however developed ‘settlement clauses’ to get round the need to prove their loss by proving an insured loss of the original subject-matter.

Under such a clause, the reinsurers agreed to indemnify insurers in the event that they settled a claim by their assured, provided that the claim fell within the risks covered by the policy of reinsurance as a matter of law.

How a claimant proved that was an issue of fact dependent on it using the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll