Formation of a contract of insurance - Open covers

(Glencore International AG v Ryan, The Beursgracht [2001] EWCA Civ 2051)

In the January issue of Insurance Law Monthly, considerable attention was given to two decisions of His Honour Judge Hallgarten QC in The Beursgracht (No 1) [2001] 2 Lloyd’s Rep 602 and The Beursgracht (No 2) [2001] 2 Lloyd’s Rep 602. Just after that piece was written, the Court of Appeal handed down its decision in the appeal from those judgments Glencore International AG v Ryan, The Beursgracht [2001] EWCA Civ 2051, forthcoming in [2002] Lloyd’s Rep IR. The Court of Appeal has upheld the judgments of HHJ Hallgarten on those points which were appealed.