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Lloyd's Maritime Law Newsletter

J.K. Buckenham Ltd. v. Iron Trades Mutual Insurance Co. Ltd. and others - Q.B.D. (Com.Ct.) (Kenneth Rokison Q.C. sitting as a Deputy Judge of the High Court) - 27 February 1989

Reinsurance - Brokers allegedly negligent - Whether claim time-barred - Applicabiity of Latent Damage Act 1986

The plaintiffs engaged the defendants to place quota share reinsurance with Compania de Seguros Imperio (“Imperio”) for various years up to and including 1981. From late 1981 Imperio failed to pay claims made against them under the reinsurance contracts, and on 16 October 1984 Imperio purported to avoid the reinsurances on the grounds of non-disclosure, misrepresentation or breach of warranty.

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