ENGLISH AND AMERICAN INSURANCE CO LTD v AXA RE SA

[2007] Lloyd's Rep IR 359

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mrs Justice Gloster

Reinsurance - Reinsured entering into agreement with assured to pay proportion of claims - Agreement based on terms of market agreement not involving the reinsured - Without prejudice privilege - Whether offers by reinsurers to settle were admissible in evidence - Whether settlement reached by reinsured - Whether reinsurers bound to follow settlement under follow the settlements clause.