||All England Reporter
|| All ER (D) 234 (Dec)
|| EWCA Civ 1455
||Court of Appeal, Civil Division
Laws, Rix and Moses LJJ
||Michael Howard QC and Guy Blackwood (instructed by Holman Fenwick & Willan) for the claimant.
||Duncam Matthews QC (instructed by Clyde & Co LLP) for the defendant.
||19 December 2008
Marine insurance - Contract of marine insurance - Existence of contract - Email exchanges between parties referring to class warranty - Final slip as sent to reinsurer omitting class warranty - Whether contract concluded - Whether contract incorporating class warranty.
Marine insurance Contract of marine insurance. The Court of Appeal, Civil Division, held that on the true construction of email exchanges between the parties that the defendant reinsurers had conclued a contract with the claimant reinsured, despite the fact that the final email referred to a slip which omitted a warranty both parties had assumed would be incorporated.
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