ENTERPRISE OIL LTD v STRAND INSURANCE CO LTD

[2006] Lloyd's Rep Plus 12

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr Justice Aikens

Insurance (liability) – Settlement reached by assured in respect of proceedings in Texas – Claim against liability insurers – Whether insurers’ liability based on proof of assured’s actual liability or proof that Texas could reasonably have reached a finding of liability – Whether assured faced liability in tort under Texas law – Whether coverage of policy for contractual liability extended to settlements – Whether settlement had to allocate losses as between the various claims made against the assured – Whether assured could recover defence costs.