Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

THE RIGHT HONOURABLE FRANCIS NIGEL BARON NAPIER AND ETTRICK AND RICHARDS BUTLER v. R. F. KERSHAW LTD. AND OTHERS

[1993] 1 Lloyd's Rep. 197

HOUSE OF LORDS

Before Lord Templeman, Lord Goff of Chieveley, Lord Jauncey of Tullichettle, Lord Browne-Wilkinson and Lord Slynn of Hadley

Insurance (Stop Loss) - Constructive trust - Excess stop loss - Settlement of certain actions brought by Names at Lloyd’s - Moneys paid to plaintiffs’ solicitors - Whether moneys held on constructive trust for stop loss insurers - Whether Names entitled to be recouped the excess out of any recoveries before anything fell to be paid to insurers.

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