England and Wales Case Law

The Russian Aircraft Litigation - Operator Policy Claims (Rev1)

The Russian Aircraft Litigation - Operator Policy Claims (Rev1) [2026] EWHC 1134 (Comm) (13 May 2026)

The High Court struck out contribution claims by LP insurers against OP insurers in the Russian aircraft litigation, holding the payments did not discharge the OP insurers’ liability.

• Contribution between insurers
• Double insurance
• Subrogation
• Indemnity and reimbursement
• Civil liability (contribution) act 1978
• Primary and secondary liability

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The Russian Aircraft Litigation - Operator Policy Claims

The High Court struck out contribution claims by LP insurers against war risk underwriters, holding the insurers’ payments did not discharge the underwriters’ liability.

• Contribution between insurers
• Double insurance
• Subrogation
• Civil liability (contribution) act 1978
• Indemnity/reimbursement
• Insurance-law

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Watford Community Housing Trust v Arthur J. Gallagher Insurance Brokers Limited

The double insurance clauses in all three policies cancel each other out, so the Claimant would have had the benefit of triple insurance up to the combined policy limits. There is no general principle or contractual provision limiting the Claimant’s indemnity to £5 million; the Claimant is entitled to recover up to £11 million, subject to the indemnity principle. The Defendant’s no-loss defence fails.

Source excerpt

• Double insurance
• Other insurance clauses
• Indemnity principle
• Contribution between insurers
• Brokers' duty of care

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Watford Community Housing Trust v Arthur J Gallagher Insurance Brokers Ltd

Watford Community Housing Trust v Arthur J Gallagher Insurance Brokers Ltd [2025] EWHC 743 (Comm) (08 April 2025)

The High Court held that three overlapping insurance policies cancelled each other’s other-insurance clauses, leaving the claimant with up to £11 million of cover and defeating the broker’s no-loss defence.

• Double insurance
• Other insurance clauses
• Broker negligence
• Indemnity principle
• Contribution between insurers
• Double-insurance

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Equity Syndicate Management Ltd v Glaxosmithkline Plc

Equity Syndicate Management Ltd v Glaxosmithkline Plc [2015] EWHC 2163 (Comm) (23 July 2015)

The court rectified an insurance certificate so cover was limited to ECOS scheme vehicles, rejecting AXA’s contribution claim arising from Ms Ball’s accident.

• Rectification of contract
• Double insurance
• Contribution between insurers
• Interpretation of insurance policies
• Insurance-law
• Contract-rectification

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Equity Syndicate Management Ltd v Glaxosmithkline Plc

The High Court rectified an insurance certificate to reflect cover intended only for GSK’s ECOS vehicles, defeating AXA’s contribution claim.

• Rectification of contract
• Double insurance
• Contribution between insurers
• Interpretation of insurance policies
• Insurance-law
• Contract-rectification

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Ace European Group Ltd & Ors v Chartis Insurance UK Ltd

Ace European Group Ltd & Ors v Chartis Insurance UK Ltd [2013] EWCA Civ 224 (22 March 2013)

Insurance contribution dispute over whether damage to economiser blocks occurred in transit or on site. The Court of Appeal upheld the trial judge and dismissed the appeal.

• Contribution between insurers
• Causation of loss
• Interpretation of insurance policies
• Admissibility of evidence
• Insurance-law
• Commercial-law

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International Energy Group Ltd v Zurich Insurance Plc UK

Commercial Court decision on mesothelioma insurance coverage held that, where the Compensation Act 2006 did not apply, liability was proportionate to time on risk.

• Employers’ liability
• Mesothelioma
• Indemnity
• Apportionment of liability
• Common law liability
• Compensation act 2006

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The National Farmers Union Mutual Insurance Society Ltd v HSBC Insurance (UK) Ltd

The High Court held that HSBC’s buyer extension did not apply where the buyers had their own buildings insurance, so there was no double insurance or contribution claim.

• Double insurance
• Policy construction
• Contribution between insurers
• Insurance-law
• Double-insurance
• Policy-construction

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The National Farmers Union Mutual Insurance Society Ltd v HSBC Insurance (UK) Ltd

The National Farmers Union Mutual Insurance Society Ltd v HSBC Insurance (UK) Ltd [2010] EWHC 773 (Comm) (19 April 2010)

The High Court held that HSBC’s buyer extension in a buildings policy was excluded where the buyers had their own NFU insurance, so NFU could not seek contribution.

• Double insurance
• Policy construction
• Contribution between insurers
• Escape clauses
• Rateable proportion clauses
• Insurance-law

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