AIKEN v. STEWART WRIGHTSON MEMBERS AGENCY LTD.

[1995] 2 Lloyd's Rep. 618

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Potter

Reinsurance - Aggregate excess loss - Misrepresentation and non-disclosure - Whether members’ agents owed duty of care in contract or in tort to Names in relation to placing of run-off insurance - Whether in breach of such duty - Whether if full disclosure run-off insurance would have been placed. Negligence - Duty of care - Members’ agents - Whether members’ agents liable in respect of negligence of managing agents - Whether personal and non-delegable contractual duty. Limitation of action - Period of limitation - Specialty contracts - Whether Names entitled to benefit of 12 year limitation period - Whether claims actions on specialties - Limitation Act, 1980, s. 8.