Spriggs v Wessington Court School Ltd

Spriggs v Wessington Court School Ltd

RSA did not affirm the insurance policies as communications were not made to the insured and were not unequivocal; RSA was entitled to avoid the policies due to material non-disclosure by the insured.

Parties
Claimant: Graham Spriggs; First Defendant: Wessington Court School Ltd; Second Defendant: Dennis James Eagles; Sixth Defendant: Worcestershire County Council; Seventh Defendant: Trafford Borough Council; Eighth Defendant: Department for Education and Skills; Ninth Defendant: The Royal and Sun Alliance Insurance PLC
Jurisdiction
England and Wales
Judgment Date
17 June 2004
Procedural Posture
Civil / Judgment on Preliminary Issue
Outcome
RSA entitled to avoid the public liability policies issued by Phoenix to the Company.
Legal Topics
Non Disclosure, Affirmation, Vicarious Liability, Indemnity, Third Parties (rights Against Insurers) Act 1930
Insurance Law Contract Law Tort Law Non Disclosure Affirmation Vicarious Liability Indemnity Third Parties (rights Against Insurers) Act 1930

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Parties

Graham Spriggs

Claimant

Wessington Court School Ltd

First Defendant

Dennis James Eagles

Second Defendant

Worcestershire County Council

Sixth Defendant

Trafford Borough Council

Seventh Defendant

Department for Education and Skills

Eighth Defendant

The Royal and Sun Alliance Insurance PLC

Ninth Defendant

Procedural Posture

Civil / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether RSA was obliged to indemnify the Company under public liability insurance policies
  2. 2 Whether RSA was entitled to avoid the policies on grounds of non-disclosure
  3. 3 Whether communications by RSA constituted affirmation of the policies

Ratio Decidendi

RSA did not affirm the insurance policies as communications were not made to the insured and were not unequivocal; RSA was entitled to avoid the policies due to material non-disclosure by the insured.

Court Disposition

RSA entitled to avoid the public liability policies issued by Phoenix to the Company.