Rockliffe Hall Ltd v Travelers Insurance Company Ltd

Rockliffe Hall Ltd v Travelers Insurance Company Ltd

The policy wording provides an exhaustive list of diseases covered under 'Infectious Disease', and COVID-19 is not on that list. The definition is clear, unambiguous, and not susceptible to the alternative constructions advanced by the claimant. There is no real prospect of success for the claim, and no further evidence could alter this conclusion. The claim is struck out and summary judgment is granted for the defendant.

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 / Summary Judgment/strike Out Application
Outcome
Claim struck out; summary judgment for defendant
Legal Topics
Business Interruption Insurance, Policy Construction, COVID 19 Claims, Summary Judgment, Strike Out Applications
Insurance Law Contract Law Business Interruption Insurance Policy Construction COVID 19 Claims 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 / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the business interruption insurance policy covers losses from COVID-19 under the definition of 'Infectious Disease'
  2. 2 Proper construction of the policy wording and the definition of 'Infectious Disease'
  3. 3 Whether the list of diseases in the policy is exhaustive or illustrative

Ratio Decidendi

The policy wording provides an exhaustive list of diseases covered under 'Infectious Disease', and COVID-19 is not on that list. The definition is clear, unambiguous, and not susceptible to the alternative constructions advanced by the claimant. There is no real prospect of success for the claim, and no further evidence could alter this conclusion. The claim is struck out and summary judgment is granted for the defendant.

Court Disposition

Claim struck out; summary judgment for defendant

Orders

  • The claim is struck out pursuant to CPR 3.4.
  • Reverse summary judgment is granted for the defendant under CPR 24.2.