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CHAPTER 9 CLAIMS PROVISIONS

Reinsuring Clauses

9

CLAIMS PROVISIONS

CLAIMS PROVISIONS

9.01 In the absence of an express provision in a reinsurance contract, the reinsured is not under any duty to notify the claim to the reinsurer or to seek the reinsurer’s consent to settle the claim, and the reinsurer has no right to interfere with the manner in which the reinsured handles it.1 However, claims provisions provide such opportunity to reinsurers. On the London Market there are two types of claims provisions found in facultative contracts: claims cooperation clauses; and claims control clauses.

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