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Lloyd's Maritime Law Newsletter

Aioi Nissay Dowa Insurance Co Ltd (formerly The Chiyoda Fire and Marine Insurance Company Ltd) v Heraldglen Ltd and Another – QBD (Comm Ct) (Field J) [2013] EWHC 154 (Comm) – 8 February 2013

Aviation insurance – Reinsurance – Retrocession – Losses arising out of 9/11 terrorist attacks on Twin Towers – Whether losses arising out of two events or one event

This was an appeal under section 69 of the Arbitration Act 1996 against an arbitration award. One of the questions the tribunal had to decide was whether the losses sustained by the defendants on 10 (“inward”) reinsurance contracts arising out of the 9/11 attack on the Twin Towers of the World Trade Center were caused by one or more occurrences or series of occurrences “arising out of one event” for the purpose of applying policy limits and deductibles in four retrocession excess of loss reinsurances written in favour of the defendants by the claimant.

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