Eagle Star Insurance Company Ltd. v J.N. Cresswell & Ors

Mr J.Flaux QC & Mr J.Drake (instructed by Laura Butler, in house solicitor at Claims Management Group Limited) for the Claimants Mr C.Edelman QC (instructed by Mayer, Brown, Rowe and Maw LLP) for the Defendants Hearing dates : 23-24 July 2003 ____________________

The Policy also contained, by way of an addendum, a Claims Co-operation clause, which I set out in full:

Thereafter, in June 1991 a manuscript memorandum entitled "Varian Associates � Pollution" was shown by the Claimants' brokers to various Underwriters including the 18 th Defendant. And in about August 1992 a letter dated 13 August 1992, addressed to the Claimants' brokers, entitled "Initial Reinsurance Claims Advice" was shown by the brokers to various underwriters including the 18 th Defendant.

(2) Alternatively, if subparagraph (b) does impose some positive obligation on the Claimants the obligation could not properly be described in law as a condition precedent to liability.

(3) Alternatively, if the clause does constitute a condition precedent, the condition can only be regarded as unfulfilled where the Reinsurers had sought to control the negotiations and settlement and the Claimants had obstructed them in some way. This is not an alleged breach.