Introduction

9.01 In the absence of an express provision in a reinsurance contract, the reinsured is not under any duty to notify a claim made by the assured to the reinsurers or to seek their consent to settle the claim. In the same vein, the reinsurers have no right to interfere with the manner in which the reinsured handles it.1 Claims provisions, however, may be inserted in the reinsurance contract to modify this default position so that the reinsurers may require the reinsured to notify claims, seek the reinsurer’s approval for settlement, and take control of handling the assured’s claim. Such clauses are analysed under the general title of claims provisions, which may be grouped into three different categories: notification clauses, claim cooperation, and claim control clauses.