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LLR: Insurance & Reinsurance

TOOMEY AND OTHERS V EAGLE STAR INSURANCE CO LTD (No 2)

(1995) 4 Re LR 314

Queen’s Bench Division (Commercial Court)

Before Mr Justice Colman

Non-disclosure - Misrepresentation - Exclusion clause - Reinsurance to close agreement providing that contract neither cancellable nor voidable by either party - Summary judgment proceedings against reinsurer - Non-disclosure and misrepresentation alleged by reinsurer - Whether reinsurer had raised triable issues.

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