Canada:
Canadian Appellate Court Holds That Reinsureds Must Establish Legal Liability In The Absence Of A Follow Settlements Cause
17 October 2016
Blaney McMurtry LLP
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In Swiss Reinsurance Company v. Camarin Limited,
the British Columbia Court of Appeal clarified the test for proving
liability under a reinsurance contract absent a follow the
settlements clause. Where such a clause does not exist, the cedant
faces a stricter test to recover from its reinsurer. In order for
the cedant to recover from its reinsurer under the reinsurance
policy, the Court held that the cedant had to prove that it's
insured "would have" been liable in the underlying
proceeding for damages covered by the underlying policy.
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