Novitas Loans Limited v AmTrust Europe Limited
Disclosure of the requested communications is refused because such material is unlikely to affect the construction of the policy terms 'Professional Business' or 'arise out of or in connection with', given the autonomous and standard form nature of the policy wording.
- Parties
- Claimant: Novitas Loans Limited; Defendant: AmTrust Europe Limited; Third Party: Sompo
- Jurisdiction
- England and Wales
- Judgment Date
- 01 October 2025
- Procedural Posture
- Commercial Court Application / Interlocutory Application for Disclosure
- Outcome
- Application for disclosure refused
- Legal Topics
- Disclosure, Construction of Insurance Contracts, Third Parties (rights Against Insurers) Act 2010
Case Brief
Summary, issues, holding and outcome
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Parties
Novitas Loans Limited
Claimant
AmTrust Europe Limited
Defendant
Sompo
Third Party
Procedural Posture
Commercial Court Application / Interlocutory Application for Disclosure
Legal Issues
- 1 Whether disclosure should be ordered of communications between scheme solicitors and insurer prior to inception of policy
- 2 Whether such communications are relevant to the construction of the insurance policy, specifically the meaning of 'Professional Business' and 'arise out of or in connection with'
Ratio Decidendi
Disclosure of the requested communications is refused because such material is unlikely to affect the construction of the policy terms 'Professional Business' or 'arise out of or in connection with', given the autonomous and standard form nature of the policy wording.
Court Disposition
Application for disclosure refused
Orders
- Disclosure sought on the basis of Disclosure Issues 1A and 1B is refused
Full Case Text
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