| 英文摘要 |
Reinsurance is insurance purchased by the insurer in order to pass on the risk so it can take on additional business. The presumption of back-to-back cover exists between the insurance contract and reinsurance contract, where the terms are deemed to be identical so that when the insurer indemnifies the policyholder, the reinsurer would in turn compensate the insurer. However, the presumption was put in doubt by the UK Courts, where the Courts found that there was no back-to-back cover when the applicable law for the underlying insurance policy was unknown at the time of the conclusion of the reinsurance contract.
Strategic management in the corporate legal department improves the quality of legal services, produces better legal outcomes, reduces legal costs as well as industry’s risks, and renders other benefits. This paper mainly explores the jurisdiction clause and governing law in respect of reinsurance contracts with foreign elements, focusing on those cases derived from worldwide largest reinsurance market—Lloyd’s of London. Under the viewpoints of UK Courts, advices are to be provided for Legal Departments of Taiwan Insurance Industry on their strategic managements. |
