RSA Insurance Plc v Assicurazoni Generali SpA [2018] EWHC 1237 (QB) (15 May 2018)

RSA Insurance Plc v Assicurazoni Generali SpA [2018] EWHC 1237 (QB) (15 May 2018)

The court held that the indemnity obligation under the insurance contract sounds in damages, not debt, and therefore RSA's claim for contribution against Generali falls within Section 1(1) of the Civil Liability (Contribution) Act 1978. As such, the two-year limitation period under Section 10(1) of the Limitation Act 1980 applies. Since RSA's claim was brought more than two years after the right to contribution accrued (the date of settlement with Mr Merritt), the claim is statute barred.

Citation
[2018] EWHC 1237 (QB)
Parties
Claimant: RSA Insurance PLC; Defendant: Assicurazioni Generali SpA
Jurisdiction
England and Wales
Judgment Date
15 May 2018
Procedural Posture
Civil (insurance Contribution) / High Court Judgment
Outcome
Claim dismissed as statute barred
Legal Topics
Equitable Contribution, Limitation Periods, Indemnity Insurance, Mesothelioma Claims, Civil Liability (contribution) Act 1978
Insurance Law Civil Procedure Equitable Contribution Limitation Periods Indemnity Insurance Mesothelioma Claims Civil Liability (contribution) Act 1978

Case Brief

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Parties

RSA Insurance PLC

Claimant

Assicurazioni Generali SpA

Defendant

Procedural Posture

Civil (insurance Contribution) / High Court Judgment

Legal Issues

  1. 1 Whether RSA's claim for equitable contribution against Generali is statute barred under Section 10(1) of the Limitation Act 1980
  2. 2 Whether the claim falls within Section 1(1) of the Civil Liability (Contribution) Act 1978
  3. 3 Whether an insurer's obligation to indemnify under an insurance contract sounds in debt or damages

Ratio Decidendi

The court held that the indemnity obligation under the insurance contract sounds in damages, not debt, and therefore RSA's claim for contribution against Generali falls within Section 1(1) of the Civil Liability (Contribution) Act 1978. As such, the two-year limitation period under Section 10(1) of the Limitation Act 1980 applies. Since RSA's claim was brought more than two years after the right to contribution accrued (the date of settlement with Mr Merritt), the claim is statute barred.

Court Disposition

Claim dismissed as statute barred

Orders

  • Claim for equitable contribution against Generali is dismissed
  • No order as to contribution calculation or reasonableness of settlement required