| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 36 (Oct) |
| Neutral Citation: | [2004] EWHC 2197 (Comm) |
| Court: | Commercial Court |
| Judge: | Colman J |
| Representation | Gavin Kealey QC and David Allen (instructed by Kendall Freeman) for the claimants. |
| Roger Stewart and Paul Sutherland (instructed by Masons) for the defendants. | |
| Judgment Dates: | 5 October 2004 |
Catchwords
Insurance - Liability - Settlement of original claim - Right of reinsurer to require proof of insurer's liability to original assured.
The Case
A global settlement of an underlying dispute which had given rise to a claim under a liability insurance policy did not satisfy the requirement of ascertainment of loss under such a policy. It did not impose on the assured any identifiable loss in respect of any identifiable insured eventuality. It merely identified the overall price paid by the assured as consideration for a contract which conferred on the assured various different benefits including the cessation of the litigation.
Practice Areas
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