Various Eateries Trading Limited v Allianz Insurance PLC

Various Eateries Trading Limited v Allianz Insurance PLC

Covered Events under the Disease Clause occur each time Covid-19 is contracted or enters the Vicinity; under Enforced Closure Clause, two Covered Events per venue; under Prevention of Access Clause, several Covered Events based on substantive government actions. The Indemnity Period begins with interruption or interference, not the Covered Event. Losses after the Period of Insurance are recoverable only if proximately caused by Covered Events within the insurance period. Limits of Liability apply per SBIL, not as indemnity clauses. Aggregation is not to a single remote occurrence but to relevant government actions or restrictions.

Parties
Claimant: Various Eateries Trading Limited; Defendant: Allianz Insurance PLC
Jurisdiction
England and Wales
Judgment Date
17 October 2022
Procedural Posture
Commercial Insurance Dispute / Judgment on Preliminary Issues
Outcome
Preliminary issues determined; orders to be made reflecting conclusions; further submissions invited on precise form of orders.
Legal Topics
Business Interruption Insurance, Policy Interpretation, Aggregation of Losses, Causation, Limits of Liability
Insurance Law Contract Law Business Interruption Insurance Policy Interpretation Aggregation of Losses Causation Limits of Liability

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Parties

Various Eateries Trading Limited

Claimant

Allianz Insurance PLC

Defendant

Procedural Posture

Commercial Insurance Dispute / Judgment on Preliminary Issues

Legal Issues

  1. 1 Interpretation of 'Covered Event' under Disease, Prevention of Access, and Enforced Closure Clauses
  2. 2 Calculation of Indemnity Period
  3. 3 Aggregation of losses under Single Business Interruption Loss (SBIL)

Ratio Decidendi

Covered Events under the Disease Clause occur each time Covid-19 is contracted or enters the Vicinity; under Enforced Closure Clause, two Covered Events per venue; under Prevention of Access Clause, several Covered Events based on substantive government actions. The Indemnity Period begins with interruption or interference, not the Covered Event. Losses after the Period of Insurance are recoverable only if proximately caused by Covered Events within the insurance period. Limits of Liability apply per SBIL, not as indemnity clauses. Aggregation is not to a single remote occurrence but to relevant government actions or restrictions.

Court Disposition

Preliminary issues determined; orders to be made reflecting conclusions; further submissions invited on precise form of orders.

Orders

  • Covered Events defined as per judgment for Disease, Enforced Closure, and Prevention of Access Clauses.
  • Indemnity Period begins with interruption or interference.