QUINTA COMMUNICATIONS SA v WARRINGTON (REPRESENTATIVE UNDERWRITER FOR UNDERWRITERS AT LLOYD’S SUBSCRIBING TO POLICY NO BX97/11366165) (ODYSSEY RE (LONDON) LTD INTERVENING)

[2000] Lloyd's Rep IR 81

COURT OF APPEAL

Before Lord Justice Nourse Lord Justice Aldous and Lord Justice Clarke

Insurance (Loss of profits) - Primary policy containing “one show deductible” - Deductible buy-back policy applicable only where primary insurers not liable by virtue of deductible - Concert cancelled due to ill-health - Rescheduling of concert causing cancellation of second concert - Claim against deductible buy-back insurers - Whether loss excluded from primary policy by reason only of deductible - Whether deductible prevented recovery under primary policy.