TRINITY INSURANCE COMPANY LIMITED V SINGAPORE AVIATION & GENERAL INSURANCE

(1993) 2 Re LR 111

Queen’s Bench Division Commercial Court

Before Mr Justice Hobhouse

Aviation reinsurance - Quota share treaties - Whether quota share treaties constituted partnership - Inward excess of loss risk - Whether misrepresentation or lack of fair presentation of terms of contract to underwriter by plaintiffs existed in placing insurance risk - Dispute over way in which terms were expressed - Whether defendants could avoid treaties - Whether plaintiffs could recover US$520,000 already paid out - Whether defendants could recover US$275,000 - Marine Insurance Act 1906, sections 18 and 20.