Amlin V. Oriental: Reinsurance Is No Exception

Law360, New York (January 9, 2013, 12:44 PM EST) -- "Follow-the-settlements" clauses have been the subject of debate in the English courts several times in recent years. The decision by the English Court of Appeal Civil Division in Amlin Corporate Member Ltd. v. Oriental Assurance Corporation (2012) EWCA Civ 1341 serves as a reminder to reinsureds of the potential limitations of these clauses.

In Amlin v. Oriental, the Court of Appeal upheld a decision of Justice Andrew Smith in refusing to grant a stay of English proceedings brought by reinsurers seeking to establish that they were...
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