CORBIN & KING LIMITED v AXA INSURANCE UK PLC

CORBIN & KING LIMITED v AXA INSURANCE UK PLC

The NDDA clause in the AXA policy is capable of covering losses arising from COVID-19 where there was a danger within one mile of the insured premises, and the government restrictions were imposed in response to such dangers, even if similar dangers existed elsewhere. The policy is composite, so the £250,000 limit applies per premises per restriction event. The disease exclusion only excludes diseases listed in the MSDE clause, not COVID-19.

Parties
Claimant: Corbin & King Limited; Claimant: Corbin & King Restaurant Group Limited; Claimant: The Wolseley Restaurant Limited; Claimant: The Wolseley Restaurant Property Limited; Claimant: The Delaunay Restaurant Limited; Claimant: The Delaunay Restaurant Property Limited; Claimant: The Colbert Restaurant Limited; Claimant: Brasserie Zedel Property Limited; Claimant: Brasserie Zedel Limited; Claimant: Fischer’s Restaurant Limited; Claimant: The Bellanger Restaurant Limited; Defendant: AXA Insurance UK PLC
Jurisdiction
England and Wales
Judgment Date
25 February 2022
Procedural Posture
Commercial Insurance Claim / Judgment After Expedited Trial
Outcome
Claim allowed in part
Legal Topics
Business Interruption Insurance, COVID 19 Pandemic, Policy Construction, Composite Policies, Causation, Denial of Access Clauses
Insurance Law Contract Law Business Interruption Insurance COVID 19 Pandemic Policy Construction Composite Policies Causation Denial of Access Clauses

Case Brief

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Parties

Corbin & King Limited

Claimant

Corbin & King Restaurant Group Limited

Claimant

The Wolseley Restaurant Limited

Claimant

The Wolseley Restaurant Property Limited

Claimant

The Delaunay Restaurant Limited

Claimant

The Delaunay Restaurant Property Limited

Claimant

The Colbert Restaurant Limited

Claimant

Brasserie Zedel Property Limited

Claimant

Brasserie Zedel Limited

Claimant

Fischer’s Restaurant Limited

Claimant

The Bellanger Restaurant Limited

Claimant

AXA Insurance UK PLC

Defendant

Procedural Posture

Commercial Insurance Claim / Judgment After Expedited Trial

Legal Issues

  1. 1 Whether the NDDA clause in the AXA policy covers losses from COVID-19 related government restrictions; Whether the policy limit applies per premises or in aggregate; Whether certain claimants have standing to claim under the policy

Ratio Decidendi

The NDDA clause in the AXA policy is capable of covering losses arising from COVID-19 where there was a danger within one mile of the insured premises, and the government restrictions were imposed in response to such dangers, even if similar dangers existed elsewhere. The policy is composite, so the £250,000 limit applies per premises per restriction event. The disease exclusion only excludes diseases listed in the MSDE clause, not COVID-19.

Court Disposition

Claim allowed in part

Orders

  • AXA is bound to indemnify the Second, Third, Fifth, Seventh, Ninth and Tenth Claimants up to £250,000 per premises for each of the March 2020 closure, September 2020 restriction, and November 2020 closure.
  • Alternatively, AXA is to pay damages for wrongful failure to indemnify each such Claimant in respect of each premises up to £250,000 per restriction event.