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 provided by RSA to the Company under the employers' liability insurance policy sounded in damages, not debt. Therefore, RSA's claim for contribution against Generali fell within Section 1(1) of the Civil Liability (Contribution) Act 1978 and was subject to the two-year limitation...

Source-derived case information.

Citation
[2018] EWHC 1237
Parties
Claimant: RSA Insurance PLC; Defendant: Assicurazioni Generali SpA
Jurisdiction
England and Wales
Judgment Date
15 May 2018
Procedural Posture
Claim for Equitable Contribution Between Insurers / High Court Judgment
Outcome
Claim dismissed as statute barred
Legal Topics
Equitable Contribution, Limitation Act 1980, Civil Liability (contribution) Act 1978, Insurance Indemnity, Double Insurance, Mesothelioma Claims
Insurance Law Civil Procedure Equitable Contribution Limitation Act 1980 Civil Liability (contribution) Act 1978 Insurance Indemnity Double Insurance Mesothelioma Claims

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Summary, issues, holding and outcome

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Parties

RSA Insurance PLC

Claimant

Assicurazioni Generali SpA

Defendant

Procedural Posture

Claim for Equitable Contribution Between Insurers / 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 the indemnity under the insurance contract sounds in debt or damages

Ratio Decidendi

The court held that the indemnity provided by RSA to the Company under the employers' liability insurance policy sounded in damages, not debt. Therefore, RSA's claim for contribution against Generali fell within Section 1(1) of the Civil Liability (Contribution) Act 1978 and was subject to the two-year limitation period under Section 10(1) of the Limitation Act 1980. As RSA's claim was brought more than two years after the right to contribution accrued, the claim was statute barred.

Court Disposition

Claim dismissed as statute barred

Orders

  • Claim for equitable contribution against Generali dismissed
  • No order as to contribution payable by Generali