ENTERPRISE OIL LTD v STRAND INSURANCE CO LTD

[2007] Lloyd's Rep IR 186

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Aikens

Insurance (liability) - Settlement reached by assured in respect of proceedings in Texas - Claim against liability insurers - Whether insurers’ liability based on proof of assured’s actual liability or proof that Texas could reasonably have reached a finding of liability - Whether assured faced liability in tort under Texas law - Whether coverage of policy for contractual liability extended to settlements - Whether settlement had to allocate losses as between the various claims made against the assured - Whether assured could recover defence costs.