Rockliffe Hall Ltd v Travelers Insurance Company Ltd [2021] EWHC 412 (Comm) (25 February 2021)

Rockliffe Hall Ltd v Travelers Insurance Company Ltd [2021] EWHC 412 (Comm) (25 February 2021)

The policy's definition of 'Infectious Disease' is exhaustive and limited to the listed diseases, which do not include COVID-19. The term 'Plague' refers specifically to the disease caused by Yersinia pestis, not to pandemics generally. There is no ambiguity or basis for extending the definition to include COVID-19, and the claim has no real prospect of success.

Citation
[2021] EWHC 412 (Comm)
Parties
Claimant/respondent: Rockliffe Hall Limited; Defendant/applicant: Travelers Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
25 February 2021
Procedural Posture
Commercial Insurance Dispute / Application for Strike Out And/or Summary Judgment
Outcome
Claim struck out; summary judgment for Defendant
Legal Topics
Business Interruption Insurance, Policy Interpretation, COVID 19 Coverage, Summary Judgment, Strike Out Applications
Insurance Law Contract Law Business Interruption Insurance Policy Interpretation COVID 19 Coverage Summary Judgment Strike Out Applications

Case Brief

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Parties

Rockliffe Hall Limited

Claimant/respondent

Travelers Insurance Company Limited

Defendant/applicant

Procedural Posture

Commercial Insurance Dispute / Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the business interruption policy covers losses from COVID-19 under the definition of 'Infectious Disease'
  2. 2 Proper construction of the policy's disease clause and its applicability to COVID-19
  3. 3 Whether the list of diseases in the policy is exhaustive or indicative

Ratio Decidendi

The policy's definition of 'Infectious Disease' is exhaustive and limited to the listed diseases, which do not include COVID-19. The term 'Plague' refers specifically to the disease caused by Yersinia pestis, not to pandemics generally. There is no ambiguity or basis for extending the definition to include COVID-19, and the claim has no real prospect of success.

Court Disposition

Claim struck out; summary judgment for Defendant

Orders

  • Claimant's claim is struck out pursuant to CPR 3.4
  • Summary judgment entered for Defendant under CPR 24.2