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Court considers correct approach to construction of reinsurance contracts

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Published on: 18 November 2013

Published by a LexisNexis Insurance & Reinsurance expert

Table of contents

Original news
What is the significance of this decision?
How did the court approach the issue of retrocession?
What does this tell us about the structure/treatment of reinsurance contracts?
Could this decision affect future reinsurance agreements?
What should lawyers take from this case?

Article summary

Commercial analysis: how should reinsurance contracts be construed in relation to the underlying insurance contract where coverage is in dispute? Stephen Netherway, partner and head of the insurance and reinsurance group and the financial institutions insurance sector group at CMS, and Alaina Wadsworth, an associate in the firm’s insurance and reinsurance group, examine the High Court’s decision in Tokio Marine v Novae.

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