Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

CHARTER REINSURANCE CO. LTD. v. FAGAN

[1996] 2 Lloyd's Rep. 113

HOUSE OF LORDS

Before Lord GOFF OF Chieveley, Lord Griffiths, Lord Browne-Wilkinson, Lord Mustill and Lord Hoffmann

Reinsurance - Indemnity - Excess of loss - “Actually paid” - Construction - Reinsurance of whole account and aviation contracts - Losses arose on business underwritten by reinsured - Whether reinsurers liable to indemnify reinsured in respect of sums which reinsured had not yet paid, although amount of loss agreed.

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