Register | Login
 
CASECHECK CASECHECK
Home
       Advertise
       About
          Values
          Legal
             Terms & Conditions
             Disclaimer and Copyright
             Privacy Policy

Search

Case Law
       Expert Opinions
       Legislation Links

Articles

Legal Jobs

Registration
       Login

CaseCheck Community
       My CaseCheck
       Contribute
       Reports & Activity
CaseCheck(tm) Case Law & Court Cases
Below are the most recent court cases & case law added to our case law database. Please use the links on the left to access the court cases & case law by case type. The CaseChecktm case law search facility allows you to search all cases from the Supreme Court, English Courts, Scottish Courts and European courts.
Join Us on Facebook Follow us on Twitter
 
Where possible we have linked our case summaries to the corresponding judgment on the Scottish Courts Website or Bailii. 

**All information pertaining to the Scottish Courts Judgements remains the subject of crown copyright but may be reproduced without formal permission or charge for personal or in-house use.
WASA International Insurance Company Ltd v Lexington Insurance Company & Ors [2008] EWCA Civ 150 (29 February 2008)
Location: Case TypesInsurance    
Posted by: Law Brief Publishing 29/02/2008 00:00
Settlements: Lexington insured the property of Alcoa. The period of insurance cover ran from 1st July 1977 to 1st July 1980. Lexington purchased facultative reinsurance with Wasa and AGF for the same years and limit of liability on the assumption that it was “back-to-back” cover. Alcoa subsequently sought to recover remedial clean up costs from Lexington. The US Court held that Lexington was liable for these costs, irrespective of whether the damage was sustained before, during or after the inception date. Lexington settled with Alcoa on this basis and sought to recover under the reinsurance cover treaty. Reinsurers declined to pay on the basis that the reinsurance policy was governed by English law and accordingly they could only be liable for the costs of remedying damage to property which actually occurred during the three year period of cover. The Court of Appeal decided that the key question was not so much whether the parties intended the cover to be “back-to-back” (whatever that might mean) but whether the parties intended that wording to have the same meaning in both contracts. Where the policies provided cover for property for the same period it was natural to infer that the parties intended the wording to have the same meaning in each contract. The same or equivalent wording in the insurance and reinsurance should generally be given the same construction unless there were clear indications to the contrary and that accordingly Lexington could recover from reinsurers.
Court: Court Of Appeal (Civil Division) (England and Wales)
Click on this link to access the full judgement.
Your name:
Title:
Comment:
Make my profile public:
Add Comment  Cancel  
Latest Jobs
Senior Tax and Trusts Solicitor, Edinburgh - Senior tax and trusts solicitor required for leading Edinburgh private practice law firm. By Michael Page International (26/08/10) ... more

Corporate Lawyer, Glasgow - Leading private practice law firm in Glasgow requires a corporate lawyer (4 years plus)for a 12 month fixed term contract. By Michael Page International (26/08/10) ... more

Employment Lawyer, Edinburgh - Leading private practice law firm requires ambitious employment lawyer to join their Edinburgh team. By Michael Page International (26/08/10) ... more

Personal Injury Paralegal, Glasgow - Excellent role with leading FS organisation in Glasgow for paralegal with personal injury experience. By Michael Page International (19/08/10) ... more

IT/IP Lawyer, Edinburgh - IT/IP lawyer to work in private practice with a commercial law firm in Edinburgh By Michael Page International (19/08/10) ... more

Senior Commercial Property Lawyer, Aberdeen - Senior Commercial Property lawyer required for leading private practice firm in Aberdeen. By Michael Page International (19/08/10) ... more

In House Property lawyer, Scotland - Excellent and rare role for In House Property lawyer with this growing renewable energy company in Scotland By Michael Page International (12/08/10) ... more

Legal Counsel, Aberdeen (AC09881) - International Oil Service company based in Aberdeen are currently seeking a Legal Counsel to join their growing business. By Thorpe Molloy (05/08/10) ... more

Corporate Finance Associate, Glasgow - Leading firm is looking for a Corporate finance associate for the Glasgow office to deal with corporate finance and capital markets work. By Michael Page International (05/08/10) ... more

Commercial Property - Senior Associate/Junior Partner, Aberdeen (AC09865) - Respected Aberdeen practice offering outstanding prospects are seeking an experienced and ambitious Commercial Property solicitor to work on a diverse range of property issues. By Thorpe Molloy (05/08/10) ... more

Show Articles Published:
Range From
Range From
 
Find solicitors with CaseCheck Solicitor
 
CaseCheck Limited can be contacted at First Floor, George House, 36 North Hanover Street, Glasgow, G1 2AD, 0845 620 5664, info@casecheck.co.uk
CaseCheck(tm) is brought to you by CaseCheck Limited, Registered in Scotland No. SC325811.We take our job seriously and for this reason we respect your privacy, your data and the use you make of our site.   This work by CaseCheck Limited is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 UK: Scotland License Creative Commons License. Please take a moment to read our legal notices: Disclaimer/Copyright Notice, Terms and Conditions, Privacy Policy.
This content is made available by CaseCheck Limited under a Creative Commons Licence