DENBY V ENGLISH AND SCOTTISH MARITIME INSURANCE CO LTD AND OTHERS YASUDA FIRE & MARINE COMPANY of EUROPE LTD V LLOYD’S UNDERWRITING SYNDICATES NOS 209, 356 AND OTHERS

[1998] Lloyd's Rep IR 343

COURT OF APPEAL

Before Lord Justice HOBHOUSE, Lord Justice BROOKE and Lord Justice CHADWICK

Contract - Construction - Whole account excess of loss reinsurance contracts - Coverage of all losses occurring during a defined period “in respect of risks written prior 1022 October 1982” - Reinsureds underwriter subscribing to AUPI lineslip prior 10 October 22, 1982 but stamp for both marine (700) and non-marine (701) Syndicate placed on line-slip and signature of 5 per cent line without dividing percentage - Whether syndicate 701 not upon risk at all prior 10 October 21, 1982 in that 5 per cent attributable to 700 alone - Line of 701 reduced - Whether note on slip recorded formation of totally new contract - Whether declarations were “risks written” because line-slip was only an authority to write risks - Applicability of contra proferentem doctrine - Construction of aggregate extension clause.