Litigation Recent Decisions 07/03/95

Lloyd's: reinsurance ruling. Duties of Lloyd's member agents to Names' syndicates. PJ Aiken & Ors v Stewart Wrightson Members Agency Ltd & Ors (The Pulbrook Syndicates) (Ch.D (Potter J)

Summary: Eleven consolidated actions by 378 Lloyd's Names who were members of Lloyd's Syndicates Nos.333, 334, 335, 426 and 427 ('the syndicate') for the 1985 underwriting year of account against the syndicate's members agents (first to ninth defendants in the lead action) and the syndicate's managing agents (tenth defendant in the lead action) Pulbrook Underwriting Management (PUM) for breach of contract and negligence. The actions arose out of a contract of reinsurance made on 18/9/81 which arbitrators found by a majority had been lawfully avoided by Syndicate 418. The essence of the syndicate's claim against PUM was that PUM owed a duty of care in and about the management of the syndicate's underwriting at Lloyd's and PUM was in breach of that duty in three respects corresponding to the three grounds of avoidance upheld by the arbitrators in relation to the placing of run-off reinsurance with Syndicate 418.