Tai Ping had placed facultative insurance with Gan. The substantial risks were re-insured through various agencies. When a claim arose it was repudiated alleging misrepresentation. Gan asserted that Tai Ping had failed to co-operate in the investigation, and had not acted in a proper and businesslike manner. The judge refused an application to allow to be considered matters which had been raised in statements but not pleaded.
Held: At this stage, the issues were clearly in need of being settled, and judgment under Order 24 was inappropriate.
Judges:
Lord Justice Brooke, Lord Justice Mance, And, Mr Justice Park
Citations:
[2002] EWCA Civ 248, [2002] CLC 870, [2002] Lloyds Rep IR 612
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited CA 28-May-1999
appeal from refusal to set aside service out of jurisdiction . .
See Also – Gan Insurance Co Ltd v Tai Ping Insurance Co Ltd CA 3-Jul-2001
A reinsurance contract which contained a clause which provided that no settlement or compromise of a claim could be made or liability admitted by the insured without the prior approval of the reinsurers. The court considered how the discretion to . .
Cited by:
See Also – Gan Insurance Co Ltd v Tai Ping Insurance Co Ltd CA 3-Jul-2001
A reinsurance contract which contained a clause which provided that no settlement or compromise of a claim could be made or liability admitted by the insured without the prior approval of the reinsurers. The court considered how the discretion to . .
See Also – Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited CA 28-May-1999
appeal from refusal to set aside service out of jurisdiction . .
Cited – Lymington Marina Ltd v MacNamara and others ChD 4-Apr-2006
The claimant marina had been constructed with financial assistance from debenture holders who in return were given low cost licences. The claimant sought to refuse to the defendant debenture holders the right to sub-licence their rights to berth . .
Cited – Quinn Direct Insurance Ltd v The Law Society of England and Wales ChD 23-Oct-2009
The defendant had intervened in a solicitors’ firm insured by the claimants. The claimants sought access to files and accounting records so that it could defend insurance claims. The defendant denied access to files other than those on which claims . .
Lists of cited by and citing cases may be incomplete.
Insurance, Litigation Practice
Updated: 02 September 2022; Ref: scu.167717