DC Bars Limited & Anor. v QIC Europe Ltd
The dispute is not merely as to the amount to be paid under the policy but also as to the Defendant's liability for further business interruption losses beyond the initial indemnity period. Therefore, the arbitration clause does not apply and the proceedings are not stayed.
- Parties
- Claimant: DC Bars Limited; Claimant: Tutton's Brasserie Limited; Defendant: QIC Europe Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 09 February 2023
- Procedural Posture
- Commercial Insurance Dispute / Application for Stay Pending Arbitration
- Outcome
- Application for stay dismissed
- Legal Topics
- Business Interruption Insurance, Arbitration Clauses, COVID 19 Related Claims
Case Brief
Summary, issues, holding and outcome
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Parties
DC Bars Limited
Claimant
Tutton's Brasserie Limited
Claimant
QIC Europe Ltd
Defendant
Procedural Posture
Commercial Insurance Dispute / Application for Stay Pending Arbitration
Legal Issues
- 1 Whether the dispute falls within the arbitration clause of the insurance policy
- 2 Whether the dispute is solely as to quantum or also as to liability under the policy
Ratio Decidendi
The dispute is not merely as to the amount to be paid under the policy but also as to the Defendant's liability for further business interruption losses beyond the initial indemnity period. Therefore, the arbitration clause does not apply and the proceedings are not stayed.
Court Disposition
Application for stay dismissed
Orders
- Proceedings are not stayed and may continue before the court.
Full Case Text
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