In construing the terms of insurance policies written in the Lloyd’s market, counsel submitted that the court should have regard to the post-contract conduct of persons acting for the parties, on the basis that the conduct of those persons was relevant because: ‘the reaction of professional people in the industry at the time was relevant to the objective question of construction of the documents in issue albeit that was ultimately for the judge to decide’
Held: The Court recited but did not clearly endorse the submission. The post-contract conduct in question was conduct of professionals in a particular, well-defined market operating on the basis of special terms and understandings. The submission was that conduct of particular individuals who were experienced participants in that market could be taken to be an indication of the objective meaning which the market would itself attribute to the language used in that particular market context.
Judges:
Rix LJ, Toulson LJ, Sir Richard Buxton
Citations:
[2008] EWCA Civ 1206, [2009] Lloyds Reports IR 6, [2009] Lloyds Rep IR 178, [2009] 1 Lloyds Rep 8, [2008] 2 CLC 617, [2008] Lloyds Rep IR 22
Links:
Jurisdiction:
England and Wales
Citing:
See Also – HLB Kidsons (A Firm) v Lloyds Underwriters Subscribing To Lloyds Policy No 621/Pkid00101 and others ComC 9-Aug-2007
. .
See Also – HLB Kidsons (A Firm) v Lloyds Underwriters (Policy No 621/Pkid00101) and others Comc 22-Nov-2007
. .
Appeal From – HLB Kidsons (Formerly Kidsons Impey) v Lloyd’s Underwriters Subscribing Policy No 621/PK1D00101 and others ComC 14-Oct-2008
. .
Cited by:
Cited – Sattar v Sattar and Another ChD 20-Feb-2009
The parties disputed the effect of a Tomlin order settling litigation between them. Under the order, if certain sums were not paid, the company was to be sold.
Held: Later behaviour could not be used to help interpret an agreement, and in this . .
Cited – Quinn Direct Insurance Ltd v The Law Society of England and Wales CA 14-Jul-2010
Q had provided professional indemnity insurance to a firm of solicitors in which the Law Society had intervened. Claims were made against the firm, but Q declined to pay, saying that the apparently fraudulent activities of the firm fell outside the . .
Lists of cited by and citing cases may be incomplete.
Insurance, Contract
Updated: 19 July 2022; Ref: scu.277533