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Insurance Law
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast aims to examine the key clauses and case law relating to Follow the Settlement Clauses, Claims Control and Claims Cooperation Clauses.

After completing the course you will:
  • Understand when reinsurers are bound by Follow Settlements;
  • Understand what is meant by 'honest and businesslike';
  • Appreciate when the follow settlement clauses will exclude ex gratia or without prejudice settlements;
  • Know how an ex gratia settlement differs to a 'Without Prejudice' settlement;
  • Know the circumstances in which the reinsurer's ability to raise issues on the scope of the reinsurance in limited;
  • Know how qualified clauses fit into loss settlements;
  • Understand how these clauses work in the context of retrocession contracts;
  • Know what 'Claims Cooperation' and 'Control Clauses' involve;
  • Know the extent of the obligation to cooperate;
  • Know on what basis a reinsurer can refuse its consent to a settlement;
  • Appreciate the possible conflict between follow settlements, claims cooperation and claims control.
Specialist Difficulty: 5 of 5
Sources and References:
  • Insurance Company of Africa v SCOR (1985);
  • Charman v GRE (1992);
  • Assicurazioni Generali SpA v CGU (2003);
  • Faraday Capital v Copenhagen Re (2006);
  • Wasa v Lexington (2009);
  • Hiscox v Outhwaite (No 3)(1991);
  • Hill v M&G (1996); Equitas v R&Q (2009).

In this podcast Simon Cooper, a partner in Barlow Lyde Gilbert's commercial risk and reinsurance team, discusses the inherent tension in reinsurance and the key Follow the Settlement Clauses and the case law that has influenced these clauses. He also examines Claims Control and Claims Cooperation Clauses and whether there is a conflict between these and follow settlements.

Podcast last reviewed: 2012-07-30

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