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

[1993] 1 Lloyd's Rep. 10

COURT OF APPEAL

Before Lord Justice Dillon, Lord Justice Staughton and Lord Justice Nolan

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.