Markerstudy Insurance Company Ltd & Ors v Endsleigh Insurance Services Ltd

Markerstudy Insurance Company Ltd & Ors v Endsleigh Insurance Services Ltd

The exclusion clauses in the relevant contracts only exempt the Defendant from liability for indirect or consequential loss, not direct loss, including the specified heads of loss. The contractual cap on liability includes contractual interest but not statutory interest. The deeds of termination released all claims between the parties, and the indemnity clause is directed solely at third party claims.

Parties
Claimant: Markerstudy Insurance Company Limited; Claimant: Planet Insurance Company Limited; Claimant: Symphony Insurance Company Limited; Claimant: Markerstudy International Holdings Limited; Defendant: Endsleigh Insurance Services Limited
Jurisdiction
England and Wales
Judgment Date
18 February 2010
Procedural Posture
Commercial Contract Dispute / Preliminary Issues Determination
Outcome
Preliminary issues determined as per judgment; parties' constructions accepted or rejected as specified.
Legal Topics
Exclusion Clauses, Limitation of Liability, Interpretation of Contracts, Interest on Damages, Release and Discharge of Claims
Contract Law Insurance Law Exclusion Clauses Limitation of Liability Interpretation of Contracts Interest on Damages Release and Discharge of Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Markerstudy Insurance Company Limited

Claimant

Planet Insurance Company Limited

Claimant

Symphony Insurance Company Limited

Claimant

Markerstudy International Holdings Limited

Claimant

Endsleigh Insurance Services Limited

Defendant

Procedural Posture

Commercial Contract Dispute / Preliminary Issues Determination

Legal Issues

  1. 1 Construction of exclusion clauses in insurance contracts
  2. 2 Scope of liability for indirect and consequential loss
  3. 3 Whether specified heads of loss are excluded as direct or indirect loss

Ratio Decidendi

The exclusion clauses in the relevant contracts only exempt the Defendant from liability for indirect or consequential loss, not direct loss, including the specified heads of loss. The contractual cap on liability includes contractual interest but not statutory interest. The deeds of termination released all claims between the parties, and the indemnity clause is directed solely at third party claims.

Court Disposition

Preliminary issues determined as per judgment; parties' constructions accepted or rejected as specified.

Orders

  • Exclusion clauses construed to exclude only indirect or consequential loss, not direct loss.
  • Contractual cap on liability includes contractual interest but not statutory interest.