INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA V EQUITAS INSURANCE LTD

[2013] EWHC 3713 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Field, 29 November 2013

Reinsurance - Conflict of laws - Reinsured commencing proceedings in England and New York - Whether reinsurers entitled to an anti-suit injunction - Whether reinsured could seek a stay of the English proceedings - Applicable law

ICSOP was the insurer of CC under two liability policies governed by Hawaiian law. ICSOP was reinsured by Lloyd's underwriters, although liabilities under those reinsurances were transferred to Equitas in 2009. Disputes arose, and there were lengthy negotiations involving discussion of the commencement of action in England. In the event, however, ICSOP issued proceedings in New York and London. The same claim was made in each set of proceedings. ICSOP stated that it did not intend to proceed with the English action and would do so only if for some reason the New York action could not proceed.