EQUITAS LTD v WAVE CITY SHIPPING CO LTD

[2006] Lloyd's Rep IR 646

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Christopher Clarke

Insurance (marine war risks) - Conflict of laws - Vessel becoming constructive total loss - War risks insurers refusing to make payment - Insurers receiving profit commission from reinsurers - Allegation by assured that reinsurers had induced breach of insurance contract by paying profit commission - Application by reinsurers for negative declaration - Whether court had jurisdiction to grant negative declaratory relief in respect of tort claim - Council Regulation 44/2001/EC, article 5(3) - Whether reinsurers liable in tort.