International Entertainment Holdings Limited & Ors v Allianz Insurance PLC

International Entertainment Holdings Limited & Ors v Allianz Insurance PLC

The Secretary of State for Health and Social Care is not a 'policing authority' within the meaning of the NDDA clause. The clause refers to the police or similar bodies whose function is to ensure the law is obeyed and enforced, not to central government or ministers. This finding is dispositive and requires dismissal of the claimants' claims. Even if the Secretary of State were a policing authority, the incident must occur within the one-mile radius, and a case of Covid-19 can be an 'incident' if it endangers human life and calls for a response. The £500,000 limit applies per premises, not per insured, and there is no aggregate limit, as the language does not clearly support the...

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
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed; claims dismissed
Legal Topics
Business Interruption Insurance, Policy Interpretation, COVID 19 Pandemic, Non Damage Denial of Access Clause
Insurance Law Contract Law Business Interruption Insurance Policy Interpretation COVID 19 Pandemic Non Damage Denial of Access Clause

Case Brief

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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

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Secretary of State for Health and Social Care is a 'policing authority' under the NDDA clause
  2. 2 Whether the presence of a case of Covid-19 amounts to an 'incident likely to endanger human life' within the meaning of the clause
  3. 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. The clause refers to the police or similar bodies whose function is to ensure the law is obeyed and enforced, not to central government or ministers. This finding is dispositive and requires dismissal of the claimants' claims. Even if the Secretary of State were a policing authority, the incident must occur within the one-mile radius, and a case of Covid-19 can be an 'incident' if it endangers human life and calls for a response. The £500,000 limit applies per premises, not per insured, and there is no aggregate limit, as the language does not clearly support the...

Court Disposition

Appeal dismissed; claims 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
  • No indemnity payable under the NDDA clause for Covid-19-related closures