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Insurance Law Monthly

Jurisdiction clauses

The main question before the Court of Appeal in Dornoch Ltd v Mauritius Union Assurance Co Ltd and Mauritius Commercial Bank Ltd [2006] EWCA Civ 389 was whether the English court should assert jurisdiction over a claim by reinsurers for negative declaratory relief. In concluding that jurisdiction should be exercised, the Court of Appeal (upholding the judgment of Aikens J [2006] Lloyd’s Rep IR 127 on all points) considered a number of important reinsurance principles, including incorporation and back-to-back cover. The leading judgment was given by Tuckey LJ.

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