Carbis Bay Hotel Limited & Anor v American International Group Limited
The defined term 'Disease' in the Policy is exhaustive and limits coverage under the Infectious Diseases extension to the 33 listed diseases, which does not include COVID-19. The exclusion for AIDS or AIDS-related conditions does not expand the scope of cover or create ambiguity. The ordinary and natural meaning of the Policy does not extend business interruption cover to COVID-19.
- Parties
- Claimant: Carbis Bay Hotel Limited; Claimant: Atlantic Bay Hotel Limited; Defendant: American International Group Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 05 September 2025
- Procedural Posture
- Part 8 Claim / Final Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Business Interruption Insurance, Policy Interpretation, COVID 19 Coverage, Contra Proferentem, Redundancy in Contractual Terms
Case Brief
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Parties
Carbis Bay Hotel Limited
Claimant
Atlantic Bay Hotel Limited
Claimant
American International Group Limited
Defendant
Procedural Posture
Part 8 Claim / Final Judgment
Legal Issues
- 1 Whether COVID-19 is covered under the 'Infectious Diseases' extension to the Business Interruption section of the Policy
- 2 Interpretation of the defined term 'Disease' in the Policy
- 3 Effect of the exclusion for AIDS or AIDS-related conditions
Ratio Decidendi
The defined term 'Disease' in the Policy is exhaustive and limits coverage under the Infectious Diseases extension to the 33 listed diseases, which does not include COVID-19. The exclusion for AIDS or AIDS-related conditions does not expand the scope of cover or create ambiguity. The ordinary and natural meaning of the Policy does not extend business interruption cover to COVID-19.
Court Disposition
Claim dismissed
Orders
- The court declares that the word 'Disease' in the Infectious Diseases extension is limited to the specific diseases listed in the Policy definition and does not include COVID-19.
- No indemnity is payable to the claimants for business interruption losses arising from COVID-19 under the Policy.
Full Case Text
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