KINGSCROFT INSURANCE COMPANY LTD WALBROOK INSURANCE COMPANY LTD EL PASO INSURANCE COMPANY LTD LIME STREET INSURANCE COMPANY LTD MUTUAL REINSURANCE COMPANY LTD BRYANSTON INSURANCE COMPANY LTD WINTERTHUR SWISS INSURANCE COMPANY LTD BERMUDA FIRE & MARINE INSURANCE COMPANY LTD CITY INSURANCE COMPANY ST PAUL INTERNATIONAL INSURANCE COMPANY LTD COMPAGNIE EUROPEENNE D’ASSURANCES INDUSTRIELLES SA LUDGATE INSURANCE COMPANY LTD v NISSAN FIRE & MARINE INSURANCE COMPANY LTD (No 2)

[1999] Lloyd's Rep IR 603

QUEEN’S BENCH DIVISION COMMERCIAL COURT

Before Mr Justice Moore-Bick

Reinsurance - Facility quota share treaties reinsuring reinsurance pool - Pool consisting of stamp companies and other members acting as whole account quota share reinsurers - Whether companies later joining pool were parties to reinsurance - Whether pool entitled to enter into excess of loss reinsurance contracts in respect of retention - Whether treaties covered all pool members or only stamp companies - Whether misrepresentation or non-disclosure as to retention - Effect of service of provisional notice of cancellation - Whether misrepresentation as to use of over-rider by reinsured - Whether treaties should be rectified.