Reinsurance - Claims co-operation clauses

(Gan v Tai Ping in the court of appeal)

The Court of Appeal in Gan Insurance Co Ltd v Tai Ping Insurance Co Ltd (Nos 2 and 3) ( Lloyd’s Rep IR (November) has provided the first extended consideration in an English case of a claims co-operation clause. In so doing the Court of Appeal has clarified a number of issues of general significance. The case was a combined appeal from the decisions of Longmore J in Gan (No 2) [2001] Lloyd’s Rep IR 291 and Andrew Smith J in Gan (No 2) (to be reported in the November 2001 issue of Lloyd’s Rep IR). Those decisions were discussed in detail in the April and June 2001 issues of Insurance Law Monthly .