AmTrust Speciality Limited v Endurance Worldwide Insurance Limited

AmTrust Speciality Limited v Endurance Worldwide Insurance Limited

The judge erred by applying an incorrect threshold for disclosure, pre-judging the relevance of the documents, and failing to consider all relevant factors under the Practice Direction. The incorporated documents may be relevant to the construction of the insurance policies and exclusions, and fairness requires disclosure, especially as AmTrust, as statutory assignee, lacks access to documents available to Sompo.

Parties
Appellant/part 20 Claimant: AmTrust Specialty Limited (formerly AmTrust Europe Limited); Respondent/part 20 Defendant: Endurance Worldwide Insurance Limited (trading as Sompo International)
Jurisdiction
England and Wales
Judgment Date
19 June 2025
Procedural Posture
Civil Appeal / Appeal From Case Management Decision on Disclosure
Outcome
Appeal allowed
Legal Topics
Disclosure, Interpretation of Insurance Contracts, Professional Indemnity Insurance, Case Management, Third Parties (rights Against Insurers) Act
Civil Procedure Insurance Law Disclosure Interpretation of Insurance Contracts Professional Indemnity Insurance Case Management Third Parties (rights Against Insurers) Act

Case Brief

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Parties

AmTrust Specialty Limited (formerly AmTrust Europe Limited)

Appellant/part 20 Claimant

Endurance Worldwide Insurance Limited (trading as Sompo International)

Respondent/part 20 Defendant

Procedural Posture

Civil Appeal / Appeal From Case Management Decision on Disclosure

Legal Issues

  1. 1 Whether the judge erred in refusing extended disclosure of pre-contractual correspondence between insurer and insured firms
  2. 2 Whether documents incorporated by reference into insurance policies are relevant to construction of policy terms and exclusions
  3. 3 Whether the construction of standard form insurance clauses can be affected by precontractual documents

Ratio Decidendi

The judge erred by applying an incorrect threshold for disclosure, pre-judging the relevance of the documents, and failing to consider all relevant factors under the Practice Direction. The incorporated documents may be relevant to the construction of the insurance policies and exclusions, and fairness requires disclosure, especially as AmTrust, as statutory assignee, lacks access to documents available to Sompo.

Court Disposition

Appeal allowed

Orders

  • The order refusing disclosure is set aside.
  • Sompo is required to disclose the requested pre-contractual correspondence and incorporated documents to AmTrust.