International Entertainment Holdings Ltd & Ors v Allianz Insurance Plc [2024] EWCA Civ 1281 (28 October 2024)
The Secretary of State for Health and Social Care is not a 'policing authority' within the meaning of the NDDA clause; therefore, the claimants' claims under the policy fail. Even if the Secretary of State were a policing authority, the incident must occur within the one-mile radius, and the policy limit applies per premises, not per insured or in the aggregate.
- Citation
- [2024] EWCA Civ 1281
- Parties
- Claimant/appellant and Cross Respondent: International Entertainment Holdings Limited; Claimant/appellant and Cross Respondent: ATG London Limited; Claimant/appellant and Cross Respondent: Aylesbury Waterside Theatre Limited; Claimant/appellant and Cross Respondent: Glasgow Theatres Limited; Claimant/appellant and Cross Respondent: Milton Keynes Theatre Limited; Claimant/appellant and Cross Respondent: Playhouse Theatre Limited; Claimant/appellant and Cross Respondent: Richmond Theatre Limited; Claimant/appellant and Cross Respondent: Savoy Theatre Limited; Claimant/appellant and Cross Respondent: Stoke-on-Trent Theatres Limited; Claimant/appellant and Cross Respondent: The Ambassador Theatre Group (Venues) Limited; Claimant/appellant and Cross Respondent: The Duke of York's Theatre Limited; Claimant/appellant and Cross Respondent: The New Wimbledon Theatre Limited; Claimant/appellant and Cross Respondent: Theatre Management Limited; Claimant/appellant and Cross Respondent: Theatre Royal Brighton Limited; Claimant/appellant and Cross Respondent: Woking Turnstyle Limited; Defendant/respondent and Cross Appellant: Allianz Insurance PLC
- Jurisdiction
- England and Wales
- Judgment Date
- 28 October 2024
- Procedural Posture
- Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (commercial Court)
- Outcome
- Appeal dismissed; cross-appeal dismissed.
- Legal Topics
- Business Interruption Insurance, Policy Interpretation, Non Damage Denial of Access, COVID 19 Pandemic, Limits of Indemnity
Case Brief
Summary, issues, holding and outcome
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Parties
International Entertainment Holdings Limited
Claimant/appellant and Cross Respondent
ATG London Limited
Claimant/appellant and Cross Respondent
Aylesbury Waterside Theatre Limited
Claimant/appellant and Cross Respondent
Glasgow Theatres Limited
Claimant/appellant and Cross Respondent
Milton Keynes Theatre Limited
Claimant/appellant and Cross Respondent
Playhouse Theatre Limited
Claimant/appellant and Cross Respondent
Richmond Theatre Limited
Claimant/appellant and Cross Respondent
Savoy Theatre Limited
Claimant/appellant and Cross Respondent
Stoke-on-Trent Theatres Limited
Claimant/appellant and Cross Respondent
The Ambassador Theatre Group (Venues) Limited
Claimant/appellant and Cross Respondent
The Duke of York's Theatre Limited
Claimant/appellant and Cross Respondent
The New Wimbledon Theatre Limited
Claimant/appellant and Cross Respondent
Theatre Management Limited
Claimant/appellant and Cross Respondent
Theatre Royal Brighton Limited
Claimant/appellant and Cross Respondent
Woking Turnstyle Limited
Claimant/appellant and Cross Respondent
Allianz Insurance PLC
Defendant/respondent and Cross Appellant
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (commercial Court)
Legal Issues
- 1 Whether the Secretary of State for Health and Social Care is a 'policing authority' under the NDDA clause
- 2 Whether a case of Covid-19 amounts to an 'incident likely to endanger human life' within the meaning of the clause
- 3 Whether the incident must occur within the one-mile radius specified in the policy
Ratio Decidendi
The Secretary of State for Health and Social Care is not a 'policing authority' within the meaning of the NDDA clause; therefore, the claimants' claims under the policy fail. Even if the Secretary of State were a policing authority, the incident must occur within the one-mile radius, and the policy limit applies per premises, not per insured or in the aggregate.
Court Disposition
Appeal dismissed; cross-appeal dismissed.
Orders
- Declaration that the Secretary of State for Health and Social Care is not a policing authority within the meaning of clause S/30/1 of the policy.
- Claims under the NDDA clause dismissed.
Full Case Text
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