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INTERNATIONAL MARINE CLAIMS CONFERENCE Dublin 1 October 2004. Tim Taylor Barlow Lyde & Gilbert. Communication. What's the worst that can happen if it breaks down. Topics. Dual Role of Advisers The English approach Follow Leader Clause Claims and Underwriting Practical Issues
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Barlow Lyde & Gilbert
What's the worst that can happen if it breaks down
“Underlying the whole relationship between the leading underwriter and the following underwriters, furthermore, is the former’s manifest duty of care”
“It is agreed with or without previous notice to follow British underwriters in regard to agreements, alterations, extensions, additions, endorsements….”
“Any amendments, additions, deletions, including new and/or acquired and/or managed and/or chartered, notices of assignment, ratings and alternations of any description to be agreed by Leading Underwriter and to be binding on all others hereon”
“it is agreed to follow automatically all additions and/or deletions and/or amendments and/or alterations of any description whatsoever therein, Underwriters hereon waiving advice hereunder and also to follow all claim settlements made by the Leading Underwriters of this policy ……..without exception”
“The Leading Underwriters clause was not concerned with declarations to the Open Cover “
“Unless otherwise agreed, the claims leader is entitled to take the steps referred to in §§ 9-3 to 9-9 with binding effect on the co-insurers. In all such cases he shall, as far as possible, take into consideration the interests of all the insurers. If time permits he should, in cases of importance, consult those co-insurers of whose existence he is aware”
the Leading Underwriter(s), or any of them, may require any such matters
to be referred to the co-subscribing Underwriters.
“It is agreed with or without previous notice to follow leading British Underwriters in regard to agreements, alterations, extensions, additions, endorsements and cancellations and attaching and expiring dates, and also in regard to all decisions, surveys, the providing of bail and settlements in respect of claims and returns, but excluding ex gratia and without prejudice settlements.”
“Underlying the whole relationship between the leading underwriter and the following underwriters, furthermore, is the former’s manifest duty of care.”
“The law does not have to afford a legal remedy for every conceivable failure to behave properly or professionally “