DENBY V FULLER

(1996) 5 Re LR 175

Queen’s Bench Division Commercial Court

Before Mr Justice Waller

Contract - Construction - Whole account excess of loss reinsurance contracts - Coverage of all losses occurring during a defined period “in respect of risks written prior 1022 October 1982” - Reinsured syndicates underwriter subscribing to MIPI lineslip prior 10 October 22, 1982 but stamp for both marine (700) and non-marine (701) Syndicate placed on lineslip and signature of 5 per cent line without allocating percentage - Whether syndicate 701 not upon risk at all prior 10 October 22, 1982 in that 5 per cent attributable to 700 alone - Line of 701 reduced - Whether note on slip recorded formation of totally new contract - Whether declarations were “risks written” because lineslip was only an authority to write risks - Applicability of contra proferentem doctrine - Construction of aggregate extension clause.