An action relating to misrepresentation before a contract of re-insurance is, within the Lugano Convention, an action relating to a contract, rather than to insurance. Accordingly the appropriate forum for any litigation was the place where the obligation under question was to be performed rather than that of the domicile of the defendant. The assumption that it was to be treated as insurance was understandable but not justified under historical analysis.
Lord Nicholls of Birkenhead, Lord Woolf MR, Lord Cooke of Thorndon, Lord Hope of Craighead, Lord Millett
Times 23-Feb-2000, Gazette 02-Mar-2000,  UKHL 7,  1 All ER 737,  1 AC 223
England and Wales
Appeal from – Agnew and others v Lansforsakringsbolagens CA 31-Jul-1997
Conflict of laws. Re-insurers sought to invalidate a claim alleging misrepresentation or non-disclosure. Did the duty of disclosure continue after the contract was in place.
Evans LJ, dissenting said: ‘the reference in Article 5(1) to ‘the . .
Cited – Forsikringsaktieselskabet National (of Copenhagen) v Attorney-General HL 1925
Viscount Cave LC said that ‘by a contract of reinsurance the reinsuring party insures the original insuring party against the original loss.’ . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 May 2022; Ref: scu.135308