Where an insurance policy required damage to have been caused by an insured risk, the causative link had to be a significant rather than a weak one.
Determining whether transactions are related is therefore an acutely fact sensitive exercise, it involves ‘an exercise of judgment, not a reformulation of the clause to be construed and applied’.
Judges:
Lord Justice Rix Lord Justice Schiemann Lord Justice Keene
Citations:
[2003] EWCA Civ 688, [2003] Lloyd’s Rep IR 696, [2003] 2 All ER (Comm) 190
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Bedfordshire Police Authority v Constable and others ComC 20-Jun-2008
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance . .
Cited – AIG 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
Updated: 24 July 2022; Ref: scu.183724
