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The Insurance Times
Hence, as a form of insurance contract, a contract
of reinsurance is subject to the laws of contract in
general and that applying to contracts of insurance,
in particular.
From the definition given by Lord Mansfield, it may be
seen that the reinsurance contract is an entirely new
contract, independent of the original insurance contract
between the direct insurer and his insured.
Q. a. Explain why the original insured has no
rights against the reinsurers - Explain
with case laws.
b. How is this principle modified
sometimes in reinsurance contracts?
Ans: a. The essential ingredients of an insurance contract,
as stated by Lord Mansfield in Delver vs. Barnes
(1807) are, that there is an original policy of
insurance and an agreement to indemnify the
reinsured in respect of its liability under the policy.
The insurance contract is independent of the original
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