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Lloyd's Maritime Law Newsletter

Commercial Union Assurance Co PLC v Mander - QBD (Com Ct)(Moore - Bick J) - 12 June 1996

Discovery of documents - Reinsurance contract containing “follow settlements” clause - Insurer settling claim by assured and then claiming against reinsurer - Whether documents in possession of insurer relating to legal advice obtained in connection with settlement of claim privileged as against reinsurer

The plaintiff insurers brought a claim against the defendant reinsurers under a policy of reinsurance. This was an application by the defendants under Order 24 Rule 11 of the Rules of the Supreme Court for inspection of certain documents referred to in Part 2 of Schedule 1 of the plaintiff’s list of documents.

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