Reinsurers Denied Summary Judgment in Claims Cooperation Case
November 10, 2008
LONDON - An English judge has denied summary judgment to a Lloyd's syndicate that denied liability based upon breach of a claims cooperation clause for settlement of an underlying directors' and officers' liability claim. Markel Capital Ltd v Gothaer Allgemeine Versicherung AG, No. 2007 Folio 1228 (Eng. Comm. Ct., Queen's Bench Div.).
Mr. Justice Andrew Smith of the English Commercial Court, Queen's Bench Division, ruled that additional evidence is needed before he can determine whether the parties agreed to include the clause in the reinsurance contract.
Lloyd's Syndicate 702 reinsured a directors' and officers' liability policy issued by Gothaer Allgemeine …