Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

IN RE NATIONAL BENEFIT ASSURANCE COMPANY, LTD.

(1928) 31 Ll.L.Rep. 321

HOUSE OF LORDS.

Before the Lord Chancellor (Lord Hailsham), Viscount Sumner and Lord Atkin.

Insurance - Reinsurance - Participation agreement - Claim by insurance company to prove in liquidation of participating company - True character of agreement-Test to be applied-Partnership agreement and reinsurance treaty contrasted-Contract of sea insurance- Necessity for stamping-Proof rejected by liquidator-Appeal dismissed.

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