Category: High Court

Court of Appeal reaffirms law on aggregation of claims pursuant to a “cause” based wording

In Spire Healthcare v Royal & Sun Alliance Insurance Ltd [2022] EWCA Civ 17, the Court of Appeal reversed the first instance decision of Judge Pelling QC holding that the two sets of claims in question had in common a unifying factor, such that they should be aggregated for the […]

Fair Presentation, Moral Hazard and Material Circumstances

In the recent decision in Berkshire Assets (West London) Ltd v AXA Insurance UK Plc [2021] EWHC 2689 (Comm), Lionel Persey QC, sitting as a Judge of the High Court, gave the first English decision on the insured’s duty of fair presentation as set out in the Insurance Act 2015 […]

Court of Appeal Upholds Decision on Inducement

The Court of Appeal has, in its recent judgment in Zurich Insurance Plc v Niramax Group Ltd [2021] EWCA Civ 590, addressed important issues of non-disclosure and inducement that were addressed at first instance in the Commercial Court by Cockerill J in Niramax Group Ltd v Zurich Insurance Plc [2020] […]

Lloyd’s Part VII Transfer Approved by English High Court

With Lloyd’s syndicates due to lose their EEA passporting rights on 31 December 2020, on 25 November the English High Court sanctioned a Part VII transfer of all policies (or parts of policies) insuring EEA risks from the syndicates to Lloyd’s Insurance Company, Brussels (‘LIC’). From the end of the […]

High Court Rules on Materiality of Non-Compliance with Terms of Separate Policy

In Niramax Group Ltd v Zurich Insurance Plc [2020] EWHC 535 (Comm), Niramax Group Ltd (“Niramax”) brought a claim against Zurich Insurance plc (“Zurich”) challenging Zurich’s failure to pay out on a claim for fire damage to a recycling facility.