CAUDLE AND OTHERS V SHARP QBCMF 94/0539 QBCMF 94/0540

(1995) 4 Re LR 389

Court of Appeal

Before Lord Justice Nourse, Lord Justice Evans and Lord Justice Rose

Reinsurance - Treaty - Construction - Losses discovered or claims made clause - Extension of protection clause - Professional liability risks arising out of Outhwaite litigation - Whether e&o losses incurred by original insureds under total of 32 contracts could be aggregated under treaty definition of “each and every loss” - Whether reinsurers who were on risk under reinsurances only for calendar year 1985 were liable for claims first notified by members’ agents in 1987 under express clauses in 1985 contracts.