AIG Europe Ltd v OC320301 Llp and Others: ComC 14 Aug 2015

The Claimants, AIG Europe Limited, seeks a declaration that certain claims brought by many individuals against a firm of solicitors are to be aggregated and thus considered a single claim for the purposes of a claim brought by the firm of solicitors against AIG under an insurance policy. In order to determine the claim for a declaration it is necessary to construe the aggregation clause in the policy and apply it to the facts of the present case.
Held: Teare J refused to grant AIG the declaration it sought: ‘the most natural meaning of the phrase ‘a series of related matters or transactions’ in the context of a solicitors’ insurance policy is, in my judgment, a series of matters or transactions that are in some way dependent on each other. It is difficult to talk of transactions being related unless their terms are in some way inter-connected.’

Judges:

Teare J

Citations:

[2015] EWHC 2398 (Comm), [2016] Lloyd’s Rep IR 147

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal FromAIG Europe Ltd v OC320301 Llp and Others CA 14-Apr-2016
‘This appeal turns on the true construction of an aggregation clause contained in an insurance policy applicable to all solicitors’ indemnity policies pursuant to the requirement in the Solicitors’ Act 1974 for compulsory liability insurance for . .
At ComCAIG Europe Ltd v Woodman and Others SC 22-Mar-2017
The parties disputed the effect of a clause aggregating claims for the purposes of limiting an insurer’s liability under professional negligence insurance.
Held: the claims of each group of investors arise from acts or omissions in a series of . .
Lists of cited by and citing cases may be incomplete.

Insurance, Legal Professions

Updated: 25 July 2022; Ref: scu.551293