Spire Healthcare Ltd v Royal & Sun Alliance Insurance Plc

Spire Healthcare Ltd v Royal & Sun Alliance Insurance Plc

The claims arising from Mr Paterson's conduct are attributable to two distinct original causes—one for negligently performed sub-total mastectomies (Group 1) and another for deliberate unnecessary surgeries (Group 2). Each group is causally distinct and cannot be aggregated as a single original cause under the policy. Spire is entitled to two indemnity limits.

Parties
Claimant: Spire Healthcare Limited; Defendant: Royal & Sun Alliance Insurance PLC
Jurisdiction
England and Wales
Judgment Date
10 December 2020
Procedural Posture
Commercial Insurance Dispute / Final Judgment After Trial
Outcome
claim allowed
Legal Topics
Aggregation Clauses, Policy Interpretation, Quantum of Damages, Causation, Medical Malpractice
Insurance Law Contract Law Medical Negligence Aggregation Clauses Policy Interpretation Quantum of Damages Causation Medical Malpractice

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Parties

Spire Healthcare Limited

Claimant

Royal & Sun Alliance Insurance PLC

Defendant

Procedural Posture

Commercial Insurance Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether claims arising from Mr Paterson's conduct should be aggregated under the insurance policy as one or two original causes
  2. 2 Whether the quantum of damages, costs, and defence costs for Group 2 claims exceeded £10 million

Ratio Decidendi

The claims arising from Mr Paterson's conduct are attributable to two distinct original causes—one for negligently performed sub-total mastectomies (Group 1) and another for deliberate unnecessary surgeries (Group 2). Each group is causally distinct and cannot be aggregated as a single original cause under the policy. Spire is entitled to two indemnity limits.

Court Disposition

claim allowed

Orders

  • Spire's claim succeeds; court will hear counsel on the terms of the order at hand-down.