Insurance settlements: enforcement

In Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG and Others (The Alexandros T) [2012] EWCA Civ 1714 the parties entered into a comprehensive settlement of claims under insurance policies issued in respect of a vessel which was totally lost.

The settlements were subject to the exclusive jurisdiction of the English courts. Three years after the settlement the assured sought damages from the insurers, but in the Greek courts and under Greek tort law. The Court of Appeal ruled that the jurisdictional rules which operate in the European Union were powerless to prevent the Greek action from proceeding.