Reinsurance - The continuing duty of utmost good faith

(Agapitos v Agnew, October 2001, unreported)

Despite the lengthy consideration of the existence and scope of the continuing duty of utmost good faith, by the House of Lords in The Star Sea [2001] Lloyd’s Rep IR 247 and K/S Merc-Skandia XXXXII v Lloyd’s Underwriters [2001] 2 Lloyd’s Rep 563 , issues are still unresolved and there is plenty of scope for argument as to when the duty attaches. These two decisions were discussed by Toulson J in Agapitos v Agnew, October 2001, unreported, to be reported in [2002] Lloyd’s Rep IR (with thanks to Alison Green, 2 Temple Gardens, for a copy of the transcript).