Loss settlement clauses

Produced in partnership with Professor Özlem Gürses of King’s College London
Practice notes

Loss settlement clauses

Produced in partnership with Professor Özlem Gürses of King’s College London

Practice notes
imgtext

Reinsurance contracts may be proportional or non-proportional. Loss settlement clauses are observed in both types. The main purpose of loss settlement clauses is to record what the parties to a reinsurance contract have agreed as to how the reinsured may prove its loss in order to claim under its reinsurance.

The usual intention, if the reinsurer has sufficient faith in its cedant to settle inwards losses properly, is to mitigate the burden on the reinsured of having to prove its loss to the standard required by the common law and to minimise the need for reinsurers to reinvestigate underlying losses. Some loss settlement clauses also impose express safeguards or provisos to ensure that the bargain struck by the reinsurer is not undermined by binding loss settlements that are beyond the scope of cover provided.

Loss settlement language may also be combined with words that incorporate the terms and conditions of the underlying policy so as to align the scope of cover with it (typically, but not exclusively in proportional reinsurance policies). The paradigmatic example

Özlem Gürses
Professor Özlem Gürses

Professor of Commercial Law, King’s College London


Özlem Gürses is a professor of commercial law at King's College London. She is a Committee Member of BILA, sits in Presidential Council of AIDA and Vice-Chair of the Reinsurance Working Party. As well as King's College London Özlem teaches insurance, reinsurance and marine insurance law at several other institutions in home and abroad including the University of Hamburg, World Maritime University, National University of Singapore, Queen Mary-University of London. Özlem is the author of a number of books on insurance and reinsurance law, the most widely known of which probably is Marine Insurance Law (a student textbook) and the latest book she published is on the compulsory motor vehicle insurance.

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Common law definition
What does Common law mean?

Common law is case law (decisions from courts and tribunals). Case law has also established and developed many principles of law and equity not covered by legislation. Case law is therefore a key source of primary law.

Popular documents