Synopsis

Learn about some of the on-going issues concerning the aggregation of losses under reinsurance contracts (primarily those on the terms of the Joint Excess of Loss Clauses) to which the 9/11 terrorist attacks have given rise.
 
This seminar will cover the following topics, by reference to decided cases and practical worked examples
 

1. The burden of proof
   
   
2. The key issue – was the attack on and destruction of the World Trade Centre an “accident”?
   
   
3. Do the claimed losses arise out of one “event”?
   
   
   1. Axa Reinsurance (UK) Plc v Field
      
      
   2. Caudle v Sharp [1995] CLC 642
      
      
   3. Scott v Copenhagen Reinsurance Co (UK) Ltd
      
      
   4. Countrywide Assured Group Plc v Marshall
      
      
   5. KAC v KIC
      
      
   6. IF P&C Insurance Ltd v Silversea Cruises Ltd [2004] Lloyd’s Rep. IR 217
      
      
   7. Aioi Nissay Dowa Insurance Company Ltd v Heraldglen Ltd [2013] EWHC 154 (Comm)
      
      
4. Unity of time
   
   
   1. Mann v Lexington
      
      
   2. Simmonds v Gammell
       
5. Unity of place
   
   
   1. In re World Trade Center Disaster Site
      
      
6. Unity of motive
   
   
   1. Dawson’s Field Award
      
      
7. Unity of cause
   
   
   1. ACIC v INSCO

Speakers

Stephen Hofmeyr QC is a leading commercial barrister with a wide-ranging international commercial law practice. His relatively unique combination of legal and accounting qualifications has equipped him to specialise in all aspects of commercial law and make him particularly suited to complex disputes. The areas of commercial law to which Stephen has been most exposed and with which he has had most experience range from the general contractual to the more specialized, such as insurance and reinsurance, financial services and banking, professional negligence, aviation, rail, shipping and company law (in particular, shareholder disputes and claims against directors).
 
For the past 26 years Stephen Hofmeyr QC has been involved in a plethora of disputes arising from most of the major problems which have given rise to large-scale claims in the world-wide insurance and reinsurance markets, including the internecine disputes in the Lloyd’s market in the early 1990s, pensions miss-selling, oil spills, the invasion of Kuwait, the collapse of financial institutions in the East, the collapse of the Soviet Union, the PA LMX spirals, political risks losses in Sierra Leone, Argentina, Thailand, Colombia, Turkey and Israel, Film Finance, the 9/11 US Terrorist attacks, piracy and ransom off the coast of Africa and the world-wide financial crisis following the collapse of Lehman Brothers in 2008.

4:45 - 5:00 pm

Registration

5:00 - 6:30 pm

Talk by Stephen Hofmeyr QC on ‘9-11 – Ongoing Aggregation Issues’

6:30 - 6:45 pm

Q&A + Networking Session

6:45 pm

Official end of event

Notice

Registration is free.

Successful registrants will receive a confirmation email a few days before the event date.  

Public CPD Points: 1.5 point

Practice Area:  Others

Training Category:  General

Participants who wish to obtain CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. For this activity, this includes signing in on arrival and signing out at the conclusion of the activity in the manner required by the organiser, and not being absent from the entire activity for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Please refer to http://www.sileCPDcentre.sg for more information.

 
Please be informed that Rajah & Tann Singapore LLP, ILAS, others on behalf of the firm and third parties may be taking photographs and videos during this seminar. Rajah & Tann Singapore LLP and ILAS may use such photos in its marketing materials, publications or media.