ARTICLE · 01 MARCH 2001

Gan V Tai Ping – An Unfortunate Dispute

Reynolds Porter Chamberlain

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Much has been written about the case of Gan v Tai Ping. What is of note however is the length oftime this case is taking to resolve. The initial loss occurred in 1996 and despite at least five hearings in the English Courts and Taiwanese proceedings the case still rambles on.

Tai Ping was a Taiwanese insurer which insured under an Erection All Risks policy a local Taiwanese company in respect of machinery to be installed in its computer factory. Tai Ping obtained facultative reinsurance cover from various reinsurers including Gan. The reinsurance contained various London market clauses including a claims co-operation clause ("CCC") in the SCOR (UK) (0124/83) form. The relevant parts of the clause provided as follows:

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