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LLR: Insurance & Reinsurance

COMPANHIA DE SEGUROS IMPERIO v HEATH (REBX) LTD (FORMERLY C E HEATH & CO (AMERICA) LTD

[1999] Lloyd's Rep IR 571

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Langley

Reinsurance pool - Binding authority given to underwriting agent - Pool member used as front - Allegation that underwriting agent was liable for breach of contract, tort and breach of fiduciary duty in singling out pool member for use as front - Whether claim time-barred - Limitation Act 1980, sections 2, 5 and 36 - Whether fraud or deliberate concealment postponed running of time - Limitation Act 1980, section 32 - Whether underwriting agent impliedly agreed to indemnify pool member.

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