EQUITAS LTD v WAVE CITY SHIPPING CO LTD

[2006] Lloyd's Rep IR Plus 5

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr Justice Christopher Clarke

Insurance (marine war risks) – Conflict of laws – Vessel becoming constructive total loss – War risks insurers refusing to make payment – Insurers receiving profit commission from reinsurers – Allegation by assured that reinsurers had induced breach of insurance contract by paying profit commission – Application by reinsurers for negative declaration – Whether court had jurisdiction to grant negative declaratory relief in respect of tort claim – Council Regulation 44/2001/EC, article 5(3) – Whether reinsurers liable in tort.