UTMOST GOOD FAITH - DISCLOSURE, MISREPRESENTATION AND THE REINSURANCE OF POOLS

(Kingscroft Insurance Co Ltd and Others v Nissan Fire & Marine Insurance Co Ltd (No 2) [1999] Lloyd’s Rep IR 603)

Mr Justice Moore-Bick handed down his lengthy judgment in Kingscroft Insurance Co Ltd and Others v Nissan Fire & Marine Insurance Co Ltd (No 2) [1999] Lloyd’s Rep IR 603 . The case raised a substantial number of points relating to the operation of insurance and reinsurance pools and to the duty of disclosure owed by pool members to their reinsurers. Various preliminary issues had reached the courts on earlier occasions: the judgment of Mr Justice Moore-Bick was the first to deal with substantive issues of liability.