AmTrust Specialty Ltd v Endurance Worldwide Insurance Ltd (t/a Sompo International) [2025] EWCA Civ 755 (19 June 2025)

AmTrust Specialty Ltd v Endurance Worldwide Insurance Ltd (t/a Sompo International) [2025] EWCA Civ 755 (19 June 2025)

The judge erred by applying a threshold test of relevance and pre-judging the construction of the policies, rather than considering all factors under PD 57AD. The documentation sought may be probative to the construction of the insurance policies and exclusions, and fairness requires disclosure, especially as AmTrust, as statutory assignee, lacks access to documents held by Sompo.

Citation
[2025] EWCA Civ 755
Parties
Part 20 Claimant/appellant: AmTrust Specialty Limited (formerly AmTrust Europe Limited); Part 20 Defendant/respondent: Endurance Worldwide Insurance Limited (trading as Sompo International)
Jurisdiction
England and Wales
Judgment Date
19 June 2025
Procedural Posture
Appeal From Commercial Court (kbd) Case Management Disclosure Order / Appeal Judgment on Disclosure Order at Case Management Conference
Outcome
Appeal allowed
Legal Topics
Disclosure, Interpretation of Insurance Contracts, Professional Indemnity Insurance, Third Parties (rights Against Insurers) Act 2010, Solicitors Regulation Authority Minimum Terms
Civil Procedure Insurance Law Contract Law Disclosure Interpretation of Insurance Contracts Professional Indemnity Insurance Third Parties (rights Against Insurers) Act 2010 Solicitors Regulation Authority Minimum Terms

Case Brief

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Parties

AmTrust Specialty Limited (formerly AmTrust Europe Limited)

Part 20 Claimant/appellant

Endurance Worldwide Insurance Limited (trading as Sompo International)

Part 20 Defendant/respondent

Procedural Posture

Appeal From Commercial Court (kbd) Case Management Disclosure Order / Appeal Judgment on Disclosure Order at Case Management Conference

Legal Issues

  1. 1 Whether the judge erred in refusing extended disclosure of pre-contractual correspondence between insurer and insured solicitors relevant to the construction of professional indemnity policies and their exclusions.
  2. 2 Whether the documentation sought is relevant or potentially probative to the construction of the insurance policies and the fair resolution of the preliminary issues.

Ratio Decidendi

The judge erred by applying a threshold test of relevance and pre-judging the construction of the policies, rather than considering all factors under PD 57AD. The documentation sought may be probative to the construction of the insurance policies and exclusions, and fairness requires disclosure, especially as AmTrust, as statutory assignee, lacks access to documents held by Sompo.

Court Disposition

Appeal allowed

Orders

  • Disclosure of the requested pre-contractual correspondence between Sompo and its insured firms (Pure and HSS) prior to the inception of the relevant policies is ordered.