European Risk Insurance Company HF v McManus & Ors (t/a McManus Seddon Runhams (A Firm)

European Risk Insurance Company HF v McManus & Ors (t/a McManus Seddon Runhams (A Firm)

The judge's refusal to grant declaratory relief was justified as the scope and factual basis of the notification were not sufficiently established; the insurer's rejection of the notification was wrong insofar as it sought to limit liability to specific files, but the precise scope of validly notified circumstances must be determined in the context of actual claims.

Parties
Defendant/appellant: European Risk Insurance Company HF; Claimant/respondent: Colette Ann McManus; Claimant/respondent: Nicholas James Leadbeater; Claimant/respondent: Roger Frank Seddon t/a McManus Seddon Runhams (A Firm)
Jurisdiction
England and Wales
Judgment Date
02 December 2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment, Costs and Declaratory Relief
Outcome
Both appeal and cross-appeal dismissed.
Legal Topics
Professional Indemnity Insurance, Notification of Circumstances, Declaratory Relief, Costs Orders
Insurance Law Civil Procedure Professional Indemnity Insurance Notification of Circumstances Declaratory Relief Costs Orders

Case Brief

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Parties

European Risk Insurance Company HF

Defendant/appellant

Colette Ann McManus

Claimant/respondent

Nicholas James Leadbeater

Claimant/respondent

Roger Frank Seddon t/a McManus Seddon Runhams (A Firm)

Claimant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment, Costs and Declaratory Relief

Legal Issues

  1. 1 Whether the rejection of the blanket notification by the insurer was justified under the policy
  2. 2 Whether declaratory relief should be granted regarding the scope of valid notification
  3. 3 Appropriate apportionment of costs given partial success

Ratio Decidendi

The judge's refusal to grant declaratory relief was justified as the scope and factual basis of the notification were not sufficiently established; the insurer's rejection of the notification was wrong insofar as it sought to limit liability to specific files, but the precise scope of validly notified circumstances must be determined in the context of actual claims.

Court Disposition

Both appeal and cross-appeal dismissed.

Orders

  • MSR to receive 60% of the costs of the hearing, including prior expedition application.
  • No declaratory relief granted.