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LLR: Insurance & Reinsurance Plus

WASA INTERNATIONAL INSURANCE CO LTD v LEXINGTON INSURANCE CO AGF INSURANCE LTD v LEXINGTON INSURANCE CO

[2007] Lloyd's Rep IR Plus 34

QUEEN’S BENCH DIVISION COMMERCIAL COURT

Before Mr Justice Simon

Reinsurance – Reinsured providing property cover for three-year period to assured – Proportional reinsurance written as original and follow the settlements, but covering property damage occurring during currency of the reinsurance – US court holding reinsured liable for property damage dating back 50 years before inception of cover – Reinsured settling – Whether reinsurers bound by settlement – Whether deductible clause in reinsurance applied per occurrence – Whether reinsurers liable for defence costs.

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