Insurance Law Monthly

The Court of Appeal in Various Eateries Trading Ltd v Allianz Insurance plc [2024] EWCA Civ 10, [2024] Lloyd's Rep IR Plus 13, has dismissed appeals against the first instance judgment of Butcher J, [2024] Lloyd's Rep IR 60, a vital decision on the operation of aggregation in business interruption Covid-19 claims.

AIG Insurance v Hanna [2024] NSWCA 91 is yet another Australian authority on the question of the binding effect of a settlement where the insurers have denied liability. Unlike the position in England, the insurers are bound as long as the settlement is reasonable.

In Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5; [2024] Lloyd's Rep IR 153 the Court of Appeal has reversed the first instance decision of CockerillJ, [2023] 1 Lloyd's Rep 431, on the effect on subrogation of an anti-assignment clause in the contract on which the subrogation action was brought.

The Court of Appeal has, in Bellini (N/E) Ltd v Brit UW Ltd [2024] EWCA Civ 435; [2024] Lloyd's Rep IR 379, affirmed the first instance decision of Clare Ambrose, sitting as a Deputy High Court Judge, [2023] Lloyd's Rep IR 573, holding on the rather unusual working of the policy that physical damage to property remained the trigger for coverage even though the loss was caused by disease. The usual wording states that an extension constitutes "deemed" damage. The present policy did not include the deeming clause.