Reinsuring Clauses
| Reinsuring Clauses, 2nd Edition, (c) 2026 |
Page 423
Index
Page 423
- accident: ‘aggregation’ clauses 10.53–10.57
- aggregate excess of loss reinsurance: generally 1.24
- ‘aggregation’ clauses: accident 10.53–10.57;
- arising out of – significant causal link 10.96–10.100;
- causation 10.95, 10.104–10.117;
- composite policies 10.260–10.271;
- contra proferentem 10.37–10.38;
- ‘correction of mistakes by construction’ 10.21–10.30;
- ejusdem generis 10.31–10.36;
- event (happening or occurrence) 10.58–10.68, 10.131–10.145, 10.243–10.259;
- exercise of judgment 10.146–10.149;
- generally 10.01–10.07;
- ‘hours clause’ 10.227–10.242;
- incident 10.71–10.73;
- ‘in connection with’ 10.118–10.130;
- interpretation of exclusions 10.39–10.42;
- intuitive judgment of causation and remoteness 10.104–10.117;
- loss 10.44–10.52, 10.150–10.164, 10.260–10.271;
- making decision as occurrence 10.131–10.142;
- narrow definition of ‘event’ 10.243–10.248;
- a negligent approach cannot be an event is not an absolute rule 10.69–10.70;
- non-physical events 10.143–10.145;
- non-proportionate reinsurance 10.150–10.164;
- noscitur a sociis 10.31–10.36;
- ‘occurrence or series of occurrences arising out of any one event’ 10.249–10.259;
- originating cause 10.165–10.180;
- ‘pick and mix approach’ 10.18–10.20;
- proportionate reinsurance 10.150–10.164;
- remoteness 10.95, 10.101–10.103, 10.104–10.117;
- rules for interpretation 10.08–10.17;
- significant causal link 10.96–10.100;
- single act or omission (or related series of acts or omissions) 10.181–10.226;
- ‘sudden and unforeseen’ 10.243–10.248;
- ‘unities’ test 10.74–10.94;
- unity of time – exercise of judgment 10.146–10.149;
- wordings 10.43
- allocation of loss 7.102, 7.119–7.120;
- alterations to original policy: continuing duty of utmost good faith and 4.15–4.34;
- annualisation: ‘follow the fortunes’ clauses and 7.199–7.218
- arbitration awards: ‘follow the settlements’ clauses and 6.32–6.34
- arbitration clauses: charterparty into bills of lading, from 3.46;
- ‘arising out of’: ‘aggregation’ clauses 10.96–10.100, 10.249–10.259;
- ‘as far as applicable hereto’: qualifications in wording of ‘follow the settlements’ clauses and 8.68–8.75
- ‘as original’: function 3.01–3.04; see also incorporation
- assignment of original policy: ‘follow the form’ clauses and 5.28–5.33
- assured’s obligations under direct policy: incorporation and 4.38–4.40
- back-to-back cover principle: applicable law 2.141;
- bad faith: ‘follow the fortunes’ clauses and 6.191–6.195
- bona fide settling claim: ‘follow the settlements’ clauses and 6.82–6.84
- burden of proof: ‘follow the settlements’ clauses and 6.85–6.89
- businesslike manner in settling claim: ‘follow the settlements’ clauses and 6.82–6.84
- causation: ‘aggregation’ clauses 10.95, 10.96–10.100, 10.104–10.117, 10.165–10.180
- choice of law clauses: ‘follow the form’ clauses and 5.27;
- claim beyond reinsurance policy cover: generally 6.226–6.228;
- claim outside scope of original insurance: ‘follow the fortunes’ clauses and 6.204–6.225
- claims provisions: ‘appears likely’ 9.31–9.44;
- ‘as soon as practicable’ 9.27–9.30;
- breach 9.56–9.57, 9.157–9.173;
- claims control clauses 9.45–9.55;
- claims cooperation clauses 9.02–9.04;
- conditions precedent 9.76–9.86;
- determining the nature of 9.58–9.86;
- ‘follow the settlements’ clauses and 7.85–7.101, 9.189–9.198;
- ‘immediate notice’ 9.27–9.30;
- implications in US 9.181–9.188;
- implied term 3.45;
- innominate terms and 9.82–9.85;
- inspection of records 9.174–9.180;
- introduction 9.01;
- limits on reinsurer’s discretion 9.153–9.156;
- nature (UK law) 9.06–9.17, 9.58–9.85;
- nature (US law) 9.18–9.44, 9.86;
- notification 9.06–9.44;
- prejudice requirement (US) 9.101–9.152;
- ‘prompt notice’ 9.27–9.30;
- remedy for breach 9.56–9.57;
- terminology as determinative 9.87–9.152;
- time of notification 9.06–9.44;
- US, in 9.18–9.44, 9.86;
- waiver of right to rely upon breach of 9.157–9.173;
- warranties and 9.76–9.81
- co-insurance: subject matter of facultative reinsurance 2.93–2.95
- commutations: ‘settlements’ clauses and 7.256–7.260
- composite policies: ‘aggregation’ clauses 10.260–10.271
- contra proferentem 10.37–10.38
- ‘correction of mistakes by construction’ 10.21–10.30
- cut-through exception: subject matter of facultative reinsurance 2.73–2.80
- decision, making a: ‘aggregation’ clauses 10.131–10.142
- declaratory judgment costs: ‘follow the fortunes’ clauses and 7.83–7.84
- defence costs: agreed by reinsured to be paid beyond original insurance policy limits 7.65–7.82;
- definition of ‘reinsurance’: generally 1.01–1.06;
- double insurance: subject matter of facultative reinsurance 2.93–2.95
- ejusdem generis 10.31–10.36
- endorsement of original policy: ‘follow the form’ clauses and 5.34–5.37
- event (happening or occurrence): ‘aggregation’ clauses 10.58–10.70, 10.131–10.145, 10.243–10.248, 10.249–10.259;
- excess of loss reinsurance: generally 1.18
- exercise of judgment: ‘aggregation’ clauses 10.146–10.149
- extension of cover: ‘liable or not liable’ 8.05–8.09;
- extra-contractual liability: ‘follow the fortunes’ clauses and 7.237, 7.240, 7.246–7.255;
- facultative obligatory treaty reinsurance: generally 1.26
- facultative reinsurance: applicable principles 2.05–2.32;
- back-to-back cover 2.109–2.193;
- co-insurance 2.93–2.95;
- cut-through clause 2.13–2.32;
- cut-through
exception 2.73–2.80;Page 425
- declaratory relief 2.08–2.12;
- double insurance 2.93–2.95;
- ‘further insurance’ view 2.96–2.98;
- incorporation 4.51–4.54;
- insurable interest 2.81–2.92;
- issues 2.01–2.02;
- ‘liability’ view 2.99–2.108;
- non-proportional 2.175–2.193, 4.51–4.54;
- obligatory treaty reinsurance 1.25;
- principle of back-to-back cover 2.109–2.174;
- privity (US) 2.33–2.71;
- privity of contract 2.05–2.32;
- subject matter insured 2.03–2.04;
- US, in 2.33–2.71;
- wording 2.175–2.186; see alsofollow the settlements clauses; incorporation; proportional reinsurance
- ‘follow the form’ clauses: arbitration clauses 5.20–5.26;
- assignment of original policy 5.28–5.33;
- choice of law clauses 5.27;
- concurrency between reinsurance and original insurance 5.05–5.18;
- endorsement of original policy 5.34–5.37;
- generally 5.02–5.04;
- incorporation of terms 5.19–5.33;
- introduction 5.01;
- modification of original policy 5.34–5.37;
- overriding effect of 5.38–5.44
- ‘follow the fortunes’ clauses: allocation of loss 7.102, 7.119–7.120, 7.129, 7.152;
- annualisation 7.199–7.218;
- bad faith 6.191–6.239;
- claim beyond reinsurance policy cover 6.226–6.239;
- claim clearly outside scope of original insurance 6.204–6.225;
- cost-exclusive 7.19–7.64;
- cost-inclusive 7.19–7.64;
- cost-supplemental policies 7.19–7.64;
- declaratory judgment costs 7.83–7.84;
- defences available for reinsurers under settlement clauses 6.204–6.239;
- defence costs 7.19–7.82;
- defences for reinsurers 6.204–6.239;
- distinguishing from ‘follow the settlements’ clauses 6.152–6.160;
- distinguishing settlement from allocation 7.153–7.198;
- exceptions to 6.191–6.239;
- extra-contractual liability 7.230–7.255;
- ‘follow the settlements’ and 6.150–6.190;
- fraud 6.191–6.203;
- functions 6.179–6.190;
- future claims 7.21, 7.114, 7.209, 7.261;
- implication 6.161–6.178;
- inconsistency between pre-settlement and post-settlement allocations 7.129–7.152;
- interpretation of original policy binding on reinsurer 7.43–7.47;
- losses falling beyond reinsurance policy limits 6.232–6.239;
- reinsureds’ declaratory judgment costs 7.83–7.84;
- reinsurers’ reservation 7.219–7.222;
- relationship with claims provisions 7.85–7.101;
- scope 7.01–7.261;
- unidentified claims 7.261;
- unreinsured losses 6.229–6.231;
- US 6.150–6.190;
- validity of original insurance policy 6.196–6.203
- ‘follow the leader’: ‘follow the settlements’ versus 6.124–6.134
- ‘follow the settlements’ clauses: allocation of loss 7.102, 7.119–7.120, 7.129, 7.152;
- arbitration awards 6.32–6.34;
- ascertainment of liability in settlements 6.102–6.114;
- ‘as far as applicable hereto’ 8.68–8.75;
- assured’s fraud 6.107–6.108;
- bona fide settling claim 6.82–6.84;
- burden of proof 6.85–6.89;
- businesslike manner in settling claim 6.82–6.84;
- claims provisions versus 9.189–9.198;
- commutations 7.256–7.260;
- construction of 6.52–6.149;
- cost-exclusive 7.19–7.64;
- cost-inclusive 7.19–7.64;
- cost-supplemental policies 7.19–7.64;
- defence costs and 7.19–7.64;
- distinguishing from ‘follow the fortunes’ clauses 6.152–6.160;
- early formulation 6.38–6.51;
- establishing reinsured’s liability under direct policy 6.03–6.05;
- extension of cover 8.01–8.09;
- extra-contractual liability 7.230–7.255;
- ‘follow the fortunes’ and 6.150–6.190;
- ‘follow the leader’ versus 6.124–6.134;
- fraud of assured 6.107–6.108;
- functions 6.179–6.198;
- future claims 7.261;
- generally 6.45–6.51;
- implying 6.161–6.178;
- interest 7.224–7.229;
- interpretation of original policy binding on reinsurer 7.43–7.47;
- introduction 6.01–6.02;
- judgment 6.06–6.31;
- leading underwriter clauses 6.124–6.126;
- ‘liable or not liable’ 8.05–8.09;
- limitation of cover 8.10–8.23;
- nature of facultative reinsurance and 2.39–2.52;
- necessity of payment to trigger reinsurer’s liability 6.118–6.123;
- no clause 7.09–7.18;
- partnership argument 7.03–7.08;
- ‘pay as may be paid thereon’ 6.38–6.41;
- proving liability by reinsured in stop-loss polices 6.109–6.114;
- qualifications in wording 8.24–8.75;
- quantifying reinsured’s liability under direct policy 6.03–6.05;
- reinsurer’s
liability 6.115–6.123;Page 426
- relationship with claims provisions 7.85–7.101;
- re-opening a settlement 6.135–6.149;
- scope 6.61–6.81, 6.204–6.225, 7.01–7.261;
- stop-loss policies 6.109–6.114;
- ‘to pay as may be paid thereon’ 6.38–6.51;
- unidentified claims 7.261;
- US 6.150–6.190, 7.09–7.84;
- variations in wording 8.01–8.75;
- when reinsurer’s liability arises 6.115–6.117;
- ‘within the terms of original insurance’ 8.24–8.67;
- ‘without prejudice’ settlements 8.10–8.23;
- ‘without question’ 8.02–8.04;
- wording of reinsurance contracts and 1.38–1.41; see also‘follow the fortune’ clauses
- fraud: ‘follow the fortunes’ clauses and 6.191–6.203;
- ‘follow the settlements’ clauses and 6.107
- ‘full reinsurance clause’: generally 3.06–3.09, 3.12, 3.15, 3.29, 3.32, 3.45, 3.61
- ‘further insurance’ view: subject matter of facultative reinsurance and 2.96–2.98
- future claims: ‘settlements’ clauses and 7.261
- happening: ‘aggregation’ clauses 10.58–10.68
- ‘hours clause’: ‘aggregation’ clauses 10.227–10.242
- identical cover principle: applicable law 2.110;
- implied terms: incorporation and 3.45;
- incident: ‘aggregation’ clauses 10.71–10.73
- ‘in connection with’: ‘aggregation’ clauses 10.118–10.130
- inconsistent terms: construction 3.26;
- incorporation: alterations to original policy 4.05–4.34;
- arbitration clauses 3.46–3.58, 5.20–5.26;
- assignment of original policy 5.28–5.33;
- assured’s obligations under direct policy 4.38–4.40;
- back-to-back cover and 4.42–4.50;
- charterparty into bills of lading, from 3.46;
- choice of law clauses 3.59–3.62, 5.27;
- claims clauses 3.38–3.44;
- concurrency between reinsurance and original insurance 5.05–5.18;
- construction of inconsistent terms 3.26;
- continuing duty of utmost good faith 4.15–4.34;
- development of theory of 3.05–3.09;
- direct insurance into reinsurance contracts 3.47–3.57;
- endorsement of original policy 5.34–5.37;
- facultative non-proportional reinsurance, in 4.51–4.54;
- ‘follow the form’ clauses 5.01–5.44;
- function of ‘as original’ 3.01–3.04;
- implied terms, of 3.45;
- inconsistent terms, of 3.26–3.37;
- insurance – reinsurance contracts 3.27–3.37;
- jurisdiction clauses, of 3.59–3.62;
- leading underwriter clause in original policy 4.35–4.37;
- modification of original policy 5.34–5.37;
- obligations of assured under direct policy 4.38–4.40;
- other forms of wording 4.41;
- overriding effect of ‘follow the form’ clauses 5.38–5.44;
- presumption of back-to-back cover, and 4.42–4.50;
- reinsurance – insurance contracts 3.27–3.37;
- requirements for 3.10–3.18;
- scope 3.19–3.62;
- specific issues 4.01–4.54;
- terms 5.19–5.33;
- unusual terms 3.21–3.25;
- US, in 5.01–5.44;
- waiver of defences clause in original insurance 4.01–4.04
- insurable interest: subject matter of facultative reinsurance and 2.81–2.92
- interest: ‘follow the settlements’ clauses and 7.224–7.229;
- intuitive judgment of causation and remoteness: ‘aggregation’ clauses 10.104–10.117
- judgments: ‘follow the settlements’ clauses and 6.06–6.31;
- jurisdiction clauses: incorporation and 3.59–3.62
- leading underwriter clause: incorporation and 4.35–4.37
- ‘liability’ view: subject matter of facultative reinsurance and 2.99–2.108
- ‘liable or not liable’: variation of wording of ‘follow the settlements’ clauses and 8.05–8.09
- limitation of cover: variation of wording of ‘follow the settlements’ clauses and 8.10–8.23
- loss: ‘aggregation’ clauses 10.44–10.52, 10.150–10.164, 10.260–10.271;
- losses falling beyond reinsurance policy limits: ‘follow the fortunes’ clauses and 6.232–6.239
- making a decision: ‘aggregation’ clauses 10.131–10.142
- modification of original policy: ‘follow the form’ clauses and 5.34–5.37
- negligent approach cannot be an event is not an absolute rule: ‘aggregation’ clauses 10.69–10.70
- non-obligatory treaty reinsurance: generally 1.21
- non-physical events: ‘aggregation’ clauses 10.143–10.145
- non-proportional reinsurance: ‘aggregation’ clauses 10.150–10.164;
- noscitur a sociis 10.31–10.36
- obligatory treaty reinsurance: generally 1.18–1.25
- occurrence: ‘aggregation’ clauses 10.58–10.68, 10.131–10.142, 10.249–10.259;
- originating cause: ‘aggregation’ clauses 10.165–10.180
- ‘pay as may be paid thereon’: ‘follow the settlements’ clauses and 6.48–6.51
- ‘pick and mix approach’ 10.18–10.20
- principle of back-to-back cover: applicable law 2.141;
- change of circumstances 2.187–2.193;
- concurrency between insurance and reinsurance policies in US 2.137–2.140;
- decisions 2.147–2.159;
- facts 2.142–2.146;
- forms of reinsurance contracts and 1.16;
- incorporation and 4.42–4.50;
- non-proportional reinsurance, in 2.175–2.193;
- rebutting the presumption 2.124–2.136;
- scope 2.109–2.123;
- wording 2.175–2.186
- privity of contract: cut-through clause 2.13–2.32;
- declaratory relief 2.08–2.12;
- enforcement of cut-through clause 2.17–2.24;
- evidence of a trust 2.25–2.32;
- generally 2.05–2.07;
- general rule 2.38;
- intervention in settlement process by reinsurer 2.39–2.52;
- policy wording 2.53–2.61;
- reinsured’s solvency 2.61–2.72;
- reinsurers have no obligations towards assureds 2.38;
- US 2.33–2.72
- proportional reinsurance: ‘aggregation’ clauses 10.150–10.164;
- qualifications in wording: ‘as far as applicable hereto’ 8.68–8.75;
- quota share reinsurance: generally 1.19, 1.28, 1.34
- ‘reinsurance’: generally 1.01–1.06;
- reinsurance contracts: aggregate excess of loss reinsurance 1.24;
- battle of forms 1.64–1.80;
- classification 1.35;
- contract formation 1.42–1.53;
- definition 1.01–1.06, 1.30–1.31;
- excess of loss reinsurance 1.11, 1.18, 1.22, 1.24, 1.34;
- facultative obligatory treaty reinsurance 1.26;
- facultative reinsurance 1.12–1.17, 1.39–1.41;
- first loss 1.26–1.29;
- forms 1.07–1.25;
- ‘full reinsurance clause’ 1.39–1.41;
- method of share of risk and premium 1.08;
- nature 2.01–2.193;
- non-obligatory treaty reinsurance 1.21;
- non-proportional 1.10–1.11, 10.150–10.164;
- obligatory treaty reinsurance 1.21;
- offer and acceptance 1.54;
- principle of back-to-back cover
2.109–2.174;Page 428
- proportional 1.09, 1.39–1.41, 10.150–10.164;
- purpose 1.32–1.33;
- quota share reinsurance 1.19, 1.28, 1.34;
- ‘reinsurance’ 1.01–1.06, 1.30–1.37;
- stop-loss reinsurance 1.24;
- subject matter 2.03–2.04;
- surplus reinsurance 1.09, 1.20–1.21;
- treaties 1.18–1.25, 1.38;
- types 1.34–1.37;
- US, in 1.30–1.37;
- wording 1.38–1.41
- remoteness: ‘aggregation’ clauses 10.95, 10.101–10.103, 10.104–10.117
- re-opening a settlement: ‘follow the settlements’ clauses and 6.135–6.149
- settlements clauses: allocation 7.102–7.116;
- annualisation 7.199–7.218;
- ‘as far as applicable hereto’ 8.68–8.75;
- commutations 7.256–7.260;
- construction of 6.52–6.149;
- cost-exclusive 7.19–7.64;
- cost-inclusive 7.19–7.64;
- cost-supplemental policies 7.19–7.64;
- defence costs 7.19–7.82;
- distinguishing ‘follow the fortunes’ 6.152–6.160;
- distinguishing settlement from allocation 7.153–7.198;
- early formulation 6.38–6.44;
- English law 7.01–7.08, 7.102–7.116;
- establishing reinsured’s liability under direct policy 6.03–6.05;
- exceptions 6.191–6.239;
- extra-contractual liability 7.230–7.255;
- functions 6.179–6.190;
- future claims 7.261;
- inconsistency between pre-settlement and post-settlement allocations 7.129–7.152;
- interest 7.224–7.229;
- interpretation of original policy binding on reinsurer 7.43–7.47;
- no ‘follow the settlements’ clause 7.09–7.18;
- partnership and implied term argument 7.03–7.08;
- qualifications in wording 8.24–8.75;
- quantifying reinsured’s liability under direct policy 6.03–6.05;
- reinsured’s costs in defending assured’s claim 7.01–7.08;
- reinsured’s declaratory judgment costs 7.83–7.84;
- reinsurer’s reservation 7.219–7.222;
- relationship with claims provisions 7.85–7.101;
- scope 7.01–7.261;
- spiking losses into single year 7.117–7.223;
- ‘sue and labour’ clauses 7.02;
- unidentified claims 7.261;
- US, in 7.09–7.84, 7.128–7.223;
- variations in wording 8.01–8.75;
- ‘within the terms of original insurance’ 8.24–8.67; see also ‘follow the fortunes’ clauses; ‘follow the settlements’ clauses
- significant causal link: ‘aggregation’ clauses 10.96–10.100
- single act or omission (or related series of acts or omissions) 10.181–10.226
- stop-loss policies: ‘follow the settlements’ clauses and 6.109–6.114
- stop loss reinsurance: generally 1.24
- subject matter of facultative reinsurance: applicable principles 2.05–2.32;
- ‘sudden and unforeseen’: ‘aggregation’ clauses 10.243–10.248
- ‘sue and labour’ clauses: ‘follow the settlements’ clauses and 7.02
- surplus reinsurance: generally 1.09
- time, unity of: ‘aggregation’ clauses 10.146–10.149
- ‘to pay as may be paid thereon’: ‘follow the settlements’ clauses and 6.38–6.44
- treaty reinsurance: aggregate excess of loss 1.24;
- unidentified claims: ‘settlements’ clauses and 7.261
- United States: agency relationship between reinsured and reinsurer 9.181–9.183;
- arbitration clauses 5.20–5.26;
- assignment of original policy 5.28–5.33;
- attorney-client privilege 9.184–9.188;
- choice of law clauses 5.27;
- claims provisions 9.18–9.44, 9.86, 9.169–9.173, 9.181–9.188;
- concurrency between insurance and reinsurance policies 2.137–2.140;
- concurrency between reinsurance and
original insurance 5.05–5.18;Page 429
- cost-exclusive 7.19–7.64;
- cost-inclusive 7.19–7.64;
- cost-supplemental policies 7.19–7.64;
- defence costs 7.19–7.64, 7.65–7.82;
- definition of ‘reinsurance’ 1.30–1.31;
- determining nature of claims provisions 9.86;
- distinguishing ‘follow the fortunes’ from ‘follow the settlements’ 6.150–6.160;
- endorsement of original policy 5.34–5.37;
- extra-contractual liability 7.230–7.255;
- ‘follow the form’ clauses 5.02–5.44;
- ‘follow the fortunes’ 6.150–6.190;
- ‘follow the settlements’ 6.150–6.190, 7.09–7.84;
- functions of settlement clauses 6.179–6.190;
- future claims 7.261;
- ‘immediate notice’ 9.27–9.30;
- implications of claims provisions 9.181–9.188;
- implying settlement clauses 6.161–6.178;
- incorporation 5.01–5.44;
- interpretation of original policy binding on reinsurer 7.43–7.47;
- intervention in settlement process by reinsurer 2.39–2.52;
- modification of original policy 5.34–5.37;
- no ‘follow the settlements’ clause 7.09–7.18;
- notice ‘as soon as practicable’ 9.27–9.30;
- notice when it ‘appears likely’ that claim will or ‘may’ involve policy 9.31–9.44;
- overriding effect of follow the form clauses 5.38–5.44;
- policy wording 2.53–2.61;
- privity 2.33–2.72;
- ‘prompt notice’ 9.27–9.30;
- purpose of reinsurance 1.32–1.33;
- reinsured’s declaratory judgment costs 7.83–7.84;
- reinsured’s insolvency 2.62–2.72;
- reinsurers have no obligations towards assureds 2.38;
- relationship with claims provisions 7.85–7.101;
- scope of ‘follow the settlements’ clauses 7.09–7.84;
- terms 5.19–5.33;
- time of notification 9.18–9.44;
- types of reinsurance 1.34–1.37;
- unidentified claims 7.261;
- waiver of right to rely upon breach of claims provisions 9.169–9.173
- ‘unities’ test: ‘aggregation’ clauses 10.74–10.94
- unity of time: ‘aggregation’ clauses 10.146–10.149
- unreinsured losses: ‘follow the fortunes’ clauses and 6.229–6.231
- unusual terms: incorporation and 3.21–3.25
- validity of original insurance policy: ‘follow the fortunes’ clauses and 6.196–6.203
- variations in wording: extending cover 8.01–8.09;
- waiver of defences clause: incorporation and 4.01–4.04
- ‘within the terms of original insurance’: qualifications in wording of ‘follow the settlements’ clauses and 8.24–8.67
- ‘without question’: variation of wording of ‘follow the settlements’ clauses and 8.02–8.04
- ‘without prejudice’ settlements: variation of wording of ‘follow the settlements’ clauses and 8.10–8.23