Ince lands appeal for reinsurers on Aon 77

Ince & Co has secured leave to appeal for reinsurers Cox and Cotesworth in one of the UK’s largest reinsurance disputes to date.

In Bonner & Ors v Cox & Ors, the case better known as Aon 77, the Court of Appeal gave leave to appeal the Dece-mber 2004 decision of Mr Justice Morison last month.

The case centres around an insurance policy covering energy risks brokered by Aon, underwritten by five Lloyd’s syndicates and reinsured by Cox, Cotesworth and Euclidian.

The Lloyd’s syndicates brought their claim following losses sustained in late 1998. In his judgment, Morison J found the reinsurers liable, saying that Aon had been unaware of material facts about the losses before reinsurance arrangements were in place.

Morison J also decided that the brokers did not owe any duty of care to the reinsurers in writing the business.

Cox and Cotesworth have been given leave to appeal both of these issues.

Ince partner Jan Heuvels instructed Jeffrey Gruder QC of Essex Court Chambers for the reinsurers. Clyde & Co‘s Bryan Young instructed Fountain Court’s Anthony Boswood QC and 7 King’s Bench Walk’s Jonathan Gaisman QC for the claimants. Vere Wheatley of CMS Cameron McKenna, ins-tructing Brick Court’s George Leggatt QC, is acting for Aon.