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ARTICLE · 11 DECEMBER 2017

UK & Europe - December 6th, 2017

UK & Europe based Clyde & Co lawyers answer important questions in the Reinsurance industry.

European UnionInsurance

UK - England & Wales

(1) When does the limitation period start to run for insurance contract?

The 6 year limitation period starts to run from the date on which the insured's cause of action has accrued. For property insurance, that will be on the occurrence of the insured event. For liability insurance, it is the date when the insured's liability has been "ascertained" ie determined as a precise sum payable by the insured. The existence and amount of the insured's liability is ascertained by a court judgment, arbitration award or settlement agreement.

(2) When does the limitation period start to run for reinsurance contracts?

A number of court decisions over the years have established the mainstream view that the reinsured's cause of action against the reinsurer accrues when its own liability has been established and quantified. There has also been some contrary caselaw, to the effect that the reinsurer's liability arises at the same time as the liability of

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