GARIMENDI V ABEILLE PAIX AND OTHERS

(1991) 1 Re LR 108

United States California Supreme Court

Before Judge Kurt J Lewin

Insolvency - Pool - Reinsurers’ liability - Reinsured in liquidation - Misrepresentation alleged by reinsurers (pool participants) - Whether rescission of reinsurance agreement available to reinsurers - Whether third parties would be affected - Whether reinsurers could assert fraud against reinsured’s liquidator - Whether reinsurers could raise alleged fraudulent misrepresentations regarding placement and in reinsurance agreements.