RSA Insurance Plc v Assicurazoni Generali SpA

RSA Insurance Plc v Assicurazoni Generali SpA

The liability of RSA to indemnify the Company under the insurance contract is a liability sounding in damages, not debt. Therefore, RSA's right of contribution from Generali falls within Section 1 of the Civil Liability (Contribution) Act 1978 and is subject to the two-year limitation period under Section 10(1) of the Limitation Act 1980. As the claim was brought more than two years after the right accrued, it is statute barred.

Parties
Claimant: RSA Insurance PLC; Defendant: Assicurazioni Generali SpA
Jurisdiction
England and Wales
Judgment Date
15 May 2018
Procedural Posture
Civil (insurance Contribution) / Judgment
Outcome
Claim dismissed as statute barred
Legal Topics
Equitable Contribution, Limitation Periods, Indemnity, Double Insurance, Mesothelioma Claims
Insurance Law Civil Procedure Equitable Contribution Limitation Periods Indemnity Double Insurance Mesothelioma Claims

Case Brief

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Parties

RSA Insurance PLC

Claimant

Assicurazioni Generali SpA

Defendant

Procedural Posture

Civil (insurance Contribution) / 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 the insurer's indemnity liability sounds in debt or damages

Ratio Decidendi

The liability of RSA to indemnify the Company under the insurance contract is a liability sounding in damages, not debt. Therefore, RSA's right of contribution from Generali falls within Section 1 of the Civil Liability (Contribution) Act 1978 and is subject to the two-year limitation period under Section 10(1) of the Limitation Act 1980. As the claim was brought more than two years after the right accrued, it is statute barred.

Court Disposition

Claim dismissed as statute barred