A common problem in facultative reinsurance is that there is an unavoidable tension between a reinsured's wish to recover under its reinsurance with a minimum of fuss and the reinsurers' desire to retain some control over settlements.Historically, the courts have had difficulties in reconciling 'follow-the-settlements' clauses and claims co-operation/claims-control clauses, which, on the face of it, often seem flatly to contradict each other. The relationship between the two types of clause
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