Insurance & Reinsurance

  • International Risk Management Group Limited and International Risk Management (Bermuda) Limited v Elwood Insurance Limited and Hoechst Celanese Corp. [1993] Bda LR 48 – application for injunction to restrain defendants from pursuing litigation in foreign jurisdiction – application to set aside service – insurance claims – Bermuda captive insurance company – application to strike out statement of claim
  • Kansa General International Insurance Co. Ltd and Kansa International Insurance Co (Bermuda) Ltd. v Herald Insurance Co. Ltd and Northwestern National Insurance Co. [1994] Bda LR 38 – summary judgment – payment into court – main action for declaration that reinsurance contracts be avoided – agent – breach of fiduciary duty – construction of reinsurance slips
  • Agrinational Limited and others v Erieview Insurance Company Limited [1995] Bda LR 34 – declaration of non-liability for claim made under reinsurance contract – insurance – consent order – whether insurance coverage extends to subsidiaries or affiliates – preliminary matters.  On appeal: [1995] Bda LR 17 – contract of reinsurance – retrocession
  • Bermuda Fire and Marine Insurance Co Ltd v BF&M Limited; Asbestos Claims Management Corp v BF&M Limited [1996] Bda LR 63 – application for strike out – no reasonable cause of action – joinder of defendants – abuse of process – leave to amend pleadings
  • Bermuda Fire and Marine Insurance Co Ltd v BF&M Limited; Asbestos Claims Management Corp v BF&M Limited [1997] Bda LR 31 – joint application for order that certain issues be deemed to be preliminary issues – Summons for Directions – application for leave to re-amend defence – appointment of representative shareholder – split trial
  • Hopewell International Insurance Limited v Gold Medal Insurance Company [2001] Bda LR 32 – scheme of arrangement – captive insurance companies – true meaning and effect of provisions of the scheme – although Scheme is not a contract, the court interprets it as if it were a contract – principles of construction – run-off – definition of “convene” – final distribution – estoppel
  • Mutual Holdings (Bermuda) Limited v American Patriot Insurance Agency and Hendricks [2004] Bda LR 11 – claim for monies payable – specific performance – insurance agreement – rent-a-captive – forum non conveniens – leave to serve writ out of the jurisdiction – preliminary issue – application to set aside service – disclosure of relevant matters
  • Lisa SA v Leamington Reinsurance Co Ltd and Avicola Villalobos SA [2008] Bda LR 32 – jurisdiction of Court to determine prior to trial the scope of issues – agreement to abandon certain claims – attempt to resurrect those claims
  • Lisa SA v Leamington Reinsurance Company Ltd and Avicola Villalobos SA [2008] Bda LR 51 – fraud – reinsurance contracts – whether indirect interest in Leamington was sold by sale of company shares – whether actionable injury – conspiracy to defraud

More Posts

Chambers – Insurance (ASW Ranked Band 2, Neil Horner Ranked Band 1)

What the team is known for Acclaimed Bermudian practice offering strength in both contentious and non-contentious insurance mandates. Noted for its experienced handling of significant multi-jurisdictional M&A transactions. Provides high-end advice to an array of international and domestic insurance companies,

Amendments to the Bermuda Companies (Winding-up) Rules

On 13 November 2020, the Companies (Winding-Up) Amendment Rules 2020 (the “Amendment Rules”) came into effect and are the first substantive update to the Companies (Winding-Up) Rules 1982 (the “1982 Rules”). The Amendment Rules were developed by the executive committee

Newsletter Subscription

Subscribe to News and Publications