SWISS REINSURANCE CO v UNITED INDIA INSURANCE CO LTD

[2005] Lloyd's Rep IR 341

QUEEN’S BENCH DIVISION COMMERCIAL COURT

Before Mr Justice Morison

Reinsurance - Construction all risks policy issued by insurers - Policy covering material damage for 44 months during work and also losses in post-completion maintenance period - Policy providing that in event of works being halted cover would continue for six months - Works coming to an end when contractors walked off site - Policy brought to an end after expiry of six-month period - Whether insurers in breach of contract by treating themselves as discharged after six-month period - Whether premium in respect of maintenance period recoverable for total failure of consideration - Whether risks under policy divisible for purposes of payment of premium.