In these Claims Lead Arrangements,
“CLA claim” means a claim that must be determined in accordance with these Claims Lead Arrangements;
“complex claim” means a claim that meets the criteria given in paragraph 1.(d)(i) in Receipt and assignment of claims: Receipt of a CLA claim or such non-financial criteria as Lloyd’s may from time to time prescribe;
“Council” shall have the meaning given to it in the Definitions Byelaw;
“determination/determine” means all claims handling activities necessary in order to (i) accept or deny a CLA claim, in whole or in part; (ii) agree any amount payable and (iii) resolve finally any open matter by agreement or, if necessary, dispute resolution proceedings;
“dispute resolution proceedings” means any litigation, arbitration, regulatory hearing (other than before an ombudsman) or other contested proceeding relating to a CLA claim commenced by or against the members of the syndicates who underwrote the insurance;
“following Lloyd’s syndicates” means syndicates that have underwritten the insurance other than the leading Lloyd’s syndicate and, in respect of complex claims, the second Lloyd’s syndicate;
“insurance” shall also be deemed to include reinsurance save where the context otherwise provides;
“leading Lloyd’s syndicate” means
(i) the first syndicate, in slip order (or in the relevant section of the slip), to underwrite the insurance, or, if the syndicates are not listed in the slip in the order that they underwrote the insurance, the syndicate with the largest share of the insurance (or the relevant section of the insurance) (and if there is two or more syndicates with equal largest share then the leading Lloyd’s syndicate shall be the first of those syndicates listed in the slip), or such other Lloyd’s syndicate nominated on the slip (or in the relevant section of the slip) as the leading Lloyd’s syndicate;
(ii) the syndicate which it is agreed shall be the leading Lloyd’s syndicate pursuant to [paragraph 1.(b) in Receipt and assignment of claims: Receipt of a CLA claim]; or
(iii) such syndicate as Lloyd’s may be prescribe;
“Lloyd’s broker” shall have the meaning given to it in the Definitions Byelaw and, for the purposes of these Claims Lead Arrangements only, shall also include any broker through whom a managing agent accepts business under paragraph 27 of the Underwriting Byelaw;
“managing agent” shall have the meaning given to it in the Definitions Byelaw;
a “professional adviser” may include, but is not limited to, a lawyer, adjuster, surveyor, actuary or accountant;
“reports” include reports prepared by a professional adviser, pleadings received or to be served, and similar formal court and other documents;
“second Lloyd’s syndicate” means
(i) the second syndicate, in slip order (or in the relevant section of the slip), to underwrite the insurance or, if the syndicates are not listed in the slip in the order that they underwrote the insurance, the syndicate, other than the leading Lloyd’s syndicate, with the largest share of the insurance (or the relevant section of the insurance) (subject to, if there are two or more syndicates with equal largest shares then the second Lloyd’s syndicate shall be the first of those syndicates listed in the slip), or such other Lloyd’s syndicate nominated on the slip (or in the relevant section of the slip) as the second Lloyd’s syndicate;
(ii) the syndicate which it is agreed shall be the second Lloyd’s syndicate pursuant to [paragraph 1.(b) in Receipt and assignment of claims: Receipt of a CLA claim]; or
(iii) such syndicate as Lloyd’s may prescribe;
“standard claim” means a claim that meets the criteria given in [paragraph 1.(d)(i) in Receipt and assignment of claims: Receipt of a CLA claim] subject to such non-financial criteria as Lloyd’s may from time to time prescribe;
“syndicate” shall have the meaning given to it in the Definitions Byelaw;
Lloyd’s Claims Lead Arrangements, Schedule 1
References to the Lloyd’s Claims Scheme
All references in other documents, including in any insurance contractual documents, to the Lloyd’s Claims Scheme (Combined) are a reference to this document. This document is the Lloyd’s Claims Scheme (Combined) as amended and has been renamed the “Lloyd’s Claims Lead Arrangements”.
Lloyd’s Claims Lead Arrangements, page 1