JOHN WYETH & BROTHERS LTD v CIGNA INSURANCE COMPANY OF EUROPE SA/NV AND ORS

[2001] Lloyd's Rep IR 420

QUEEN’S BENCH DIVISION (COMMERCIAL COURT) COURT OF APPEAL

Before Mr Justice LangleyBefore Lord Justice Waller, Lord Justice Dyson and Sir Murray Stuart-Smith

Insurance (product liability) - Liability for defence costs in respect of unsuccessful claims - Primary layer and excess layer - Whether excess layer insurers liable where primary layer insurers exercised buy-out clause - Whether assured in breach of maintenance clause in excess policy when buy-out clause exercised by primary layer insurer - Apportionment of costs between insurers - Whether product liability cover excluded by efficacy clause in excess policy.