Axa Corporate Solutions SA v National Westminster Bank Plc [2010] EWHC 1915 (Comm) (29 July 2010)

Axa Corporate Solutions SA v National Westminster Bank Plc [2010] EWHC 1915 (Comm) (29 July 2010)

The court held that AXA's renewal terms, including the terrorism exclusion for PPL, were communicated to Marsh as RBS's broker and agent. Unless expressly negotiated out, these terms formed part of the insurance contract when the order was placed. The evidence did not establish that the terrorism exclusion was negotiated out; therefore, the exclusion applied.

Citation
[2010] EWHC 1915 (Comm)
Parties
Claimant: AXA Corporate Solutions SA; Defendant/part 20 Claimant: National Westminster Bank PLC; Part 20 Defendant: Marsh Limited
Jurisdiction
England and Wales
Judgment Date
29 July 2010
Procedural Posture
Commercial Insurance Dispute / High Court Judgment
Outcome
Declaration granted in favour of AXA
Legal Topics
Terrorism Exclusion Clauses, Broker Agency, Policy Interpretation
Insurance Law Contract Law Terrorism Exclusion Clauses Broker Agency Policy Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

AXA Corporate Solutions SA

Claimant

National Westminster Bank PLC

Defendant/part 20 Claimant

Marsh Limited

Part 20 Defendant

Procedural Posture

Commercial Insurance Dispute / High Court Judgment

Legal Issues

  1. 1 Whether the 2002-2003 primary public liability and products liability insurance policy included an express terrorism exclusion
  2. 2 If so, what were the terms of that exclusion

Ratio Decidendi

The court held that AXA's renewal terms, including the terrorism exclusion for PPL, were communicated to Marsh as RBS's broker and agent. Unless expressly negotiated out, these terms formed part of the insurance contract when the order was placed. The evidence did not establish that the terrorism exclusion was negotiated out; therefore, the exclusion applied.

Court Disposition

Declaration granted in favour of AXA

Orders

  • It is declared that the 2002-2003 primary public liability and products liability insurance policy included an express terrorism exclusion as proposed by AXA.