All Leisure Holidays Ltd v Europaische Reiseversicherung AG & Ors [2011] EWHC 2629 (Comm) (17 October 2011)

All Leisure Holidays Ltd v Europaische Reiseversicherung AG & Ors [2011] EWHC 2629 (Comm) (17 October 2011)

The cruises promised by HICL were cancelled when HICL sold Hebridean Princess and could not perform; passengers suffered financial loss as deposits and charges paid in advance could not be recovered from HICL; completion of a claim form was not a prerequisite for claiming under the policy as loss was otherwise proved.

Citation
[2011] EWHC 2629 (Comm)
Parties
Claimant: All Leisure Holidays Limited; Defendant: Europaische Reiseversicherung AG; Defendant: Groupama Insurance Company Limited; Defendant: Novae Syndicates Limited; Defendant: Sagicor Corporate Capital Limited
Jurisdiction
England and Wales
Judgment Date
17 October 2011
Procedural Posture
Commercial Insurance Claim / Judgment After Trial on Points of Principle
Outcome
Judgment for the Claimant on all points of principle
Legal Topics
Passenger Protection Insurance, Assignment of Claims, Package Travel Regulations, Cancellation and Loss Under Insurance Policy
Insurance Law Contract Law Travel Law Passenger Protection Insurance Assignment of Claims Package Travel Regulations Cancellation and Loss Under Insurance Policy

Case Brief

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Parties

All Leisure Holidays Limited

Claimant

Europaische Reiseversicherung AG

Defendant

Groupama Insurance Company Limited

Defendant

Novae Syndicates Limited

Defendant

Sagicor Corporate Capital Limited

Defendant

Procedural Posture

Commercial Insurance Claim / Judgment After Trial on Points of Principle

Legal Issues

  1. 1 Whether passengers' cruises were cancelled within the meaning of the policy
  2. 2 Whether passengers suffered loss within the meaning of the policy
  3. 3 Whether completion of a claim form was required to claim under the policy

Ratio Decidendi

The cruises promised by HICL were cancelled when HICL sold Hebridean Princess and could not perform; passengers suffered financial loss as deposits and charges paid in advance could not be recovered from HICL; completion of a claim form was not a prerequisite for claiming under the policy as loss was otherwise proved.

Court Disposition

Judgment for the Claimant on all points of principle

Orders

  • The 'declared trip travel arrangements' were cancelled on 22 April 2009.
  • Passengers sustained loss within the meaning of the policy.