Spire Healthcare Limited v Royal & Sun Alliance Insurance Limited

All claims against Spire Healthcare arising from Mr Paterson's conduct, whether relating to Group 1 or Group 2 patients, have a single unifying factor—his dishonest and negligent conduct in operating without informed consent. Therefore, under the aggregation clause, all claims aggregate and are subject to the £10 million policy limit.

Parties: Claimant/respondent: Spire Healthcare Limited; Defendant/appellant: Royal & Sun Alliance Insurance Limited
Jurisdiction: England and Wales
Judgment Date: 11 January 2022
Procedural Posture: Civil Appeal / Court of Appeal Judgment
Outcome: Appeal allowed
Legal Topics: Interpretation of Aggregation Clauses, Indemnity Under Insurance Policy, Medical Negligence Liability, Causation and Unifying Factor in Insurance Claims

Insurance Law Contract Law Interpretation of Aggregation Clauses Indemnity Under Insurance Policy Medical Negligence Liability Causation and Unifying Factor in Insurance Claims

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Parties

Spire Healthcare Limited

Claimant/respondent

Royal & Sun Alliance Insurance Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

1 Whether the claims against Spire Healthcare arising from Mr Paterson's conduct aggregate under the insurance policy's aggregation clause so as to be subject to a single policy limit or separate limits for different groups of claims.

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

All claims aggregate under the policy's aggregation clause and are subject to the £10 million limit.