European Risk Insurance Company HF v McManus & Ors (t/a McManus Seddon Runhams (A Firm) [2013] EWCA Civ 1545 (02 December 2013)

European Risk Insurance Company HF v McManus & Ors (t/a McManus Seddon Runhams (A Firm) [2013] EWCA Civ 1545 (02 December 2013)

The rejection email from European Risk was wrong in limiting liability to specific files and requiring individual notification for each transaction; however, declaratory relief was properly withheld as the scope and effect of notification could only be determined in the context of actual claims, and the judge's...

Source-derived case information.

Citation
[2013] EWCA Civ 1545
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
Appeal / Judgment on Appeal and Cross Appeal
Outcome
Both appeal and cross-appeal dismissed.
Legal Topics
Professional Indemnity Insurance, Notification of Circumstances, Declaratory Relief, Costs Apportionment
Insurance Law Civil Procedure Professional Indemnity Insurance Notification of Circumstances Declaratory Relief Costs Apportionment

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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

Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the notification letter constituted a valid notification of circumstances under the insurance policy
  2. 2 Whether declaratory relief should be granted regarding the scope of valid notification
  3. 3 Appropriate apportionment of costs

Ratio Decidendi

The rejection email from European Risk was wrong in limiting liability to specific files and requiring individual notification for each transaction; however, declaratory relief was properly withheld as the scope and effect of notification could only be determined in the context of actual claims, and the judge's apportionment of costs was justified given MSR's partial success.

Court Disposition

Both appeal and cross-appeal dismissed.

Orders

  • MSR to receive 60% of trial costs.
  • No declaratory relief granted.