Reinsurance

Incorporation

The English courts have been unwilling to treat a dispute resolution clause contained in a direct insurance policy – whether an arbitration clause, a jurisdiction clause or a choice of law clause – as incorporated into a reinsurance of the direct policy simply because the reinsurance is expressed to be ‘as original’. Prifti v Musini Sociedad Anonima de Seguros y Reaseguros [2003] EWHC 2796 (Comm), [2004] Lloyd’s Rep IR (forthcoming), a decision of Andrew Smith J, is a further illustration of the point.