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ARTICLE · 06 NOVEMBER 2019

First English Law Decision On WELCAR Offshore Construction Form

In what is understood to be the first English law decision on a policy underwritten on the WELCAR form, Mrs Justice Carr in the Commercial Court in Munich Re Capital Limited v Ascot Corporate Name Limited

United KingdomInsurance

In what is understood to be the first English law decision on a policy underwritten on the WELCAR form, Mrs Justice Carr in the Commercial Court in Munich Re Capital Limited v Ascot Corporate Name Limited [2019] EWHC 2768 (Comm) held that there was no maintenance cover under a facultative excess of loss reinsurance contract which had not been extended to reflect the underlying policy and the ongoing project work.  The decision reflects the unusual circumstances of the insurance and reinsurance placement for the project which should have been "back to back" (but were not) and includes some interesting observations on the operation of the period clause in offshore construction (re)insurance contracts.

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