Run-Off Insurers' Fraud Claim Extends To Dishonest Abuse Of Fiduciary Position

Legal News International
April 28, 2010

LONDON - The England and Wales High Court of Justice Court of Appeal held Dec. 16 that the phrase "in case of fraud" in a term sheet between run-off insurers and the terminated managers of the run-off goes beyond a trial justice's finding that the phrase refers to claims in deceit and extends to at least some cases of dishonest abuse of fiduciary position (Cavell USA Inc. and Kenneth E. Randall v. Seaton Insurance Co. and Stonewall Insurance Co., No. 2009 EWCA Civ 1363, England and Wales High Just., App., Civ. Div.).

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