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England and Wales decisions
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The Commercial Court held that “event” in a reinsurance limits clause meant a causative event, not each cancelled conference, allowing aggregation of COVID-related losses by jurisdiction.
The UK Supreme Court held that CJRS furlough payments must be deducted under business interruption savings clauses because they reduced expenses and were caused by the insured peril.
Industrial Maintenance Engineers (IME Contracts) Ltd v Webster Miller Ltd [2026] EWHC 393 (Comm) (09 March 2026)
The High Court held that an insurer-made admission of liability bound the defendant under the policy’s conduct-of-defence clause and refused withdrawal, granting summary judgment.
National House Building Council v Peabody Trust [2025] EWCA Civ 932 (21 July 2025)
Court of Appeal held NHBC's insolvency cover did not accrue on insolvency alone; the trigger was when the insured had to pay more to complete the homes.
AmTrust Specialty Ltd v Endurance Worldwide Insurance Ltd (t/a Sompo International) [2025] EWCA Civ 755 (19 June 2025)
The Court of Appeal allowed an appeal against refusal of disclosure, holding that pre-contractual correspondence may be relevant to construing professional indemnity policies and their exclusions.
The Court of Appeal allowed an appeal against refusal of disclosure in insurance litigation, holding that pre-contractual documents might matter to construction and should be disclosed.
Sky UK Ltd & Anor v Riverstone Managing Agency Lt & Ors [2024] EWCA Civ 1567 (16 December 2024)
The Court of Appeal held that a construction all risks policy can cover deterioration and development damage naturally flowing from insured damage during the policy period.
Clause 8.2.6 of the policy does not provide cover for business interruption in the absence of physical damage as defined in the policy. The references to 'damage' are not a drafting mistake and must be given their natural meaning. The policy, read as a whole, only extends business interruption cover where there is physical damage, and there is no basis to rewrite the clause to provide non-damage cover.
Source excerpt
The court held that sub-clauses (i), (ii), and (iii) of the Duty of Assured Clause must be read together and in the context of the Insurance Act 2015. The First Defendant's misrepresentation about trading terms was a breach of the duty of fair presentation, not a warranty or condition precedent. The sub-clauses did not satisfy the transparency requirements of the 2015 Act, and the Second Defendant failed to prove it would not have entered into the contract on any terms. Therefore, the Second Defendant is required to indemnify the First Defendant, and the Claimant can enforce that right under…
Source excerpt
ERS Syndicate 218 at Lloyds v Motorshifter Limited & Anor [2023] EWHC 342 (Comm) (22 February 2023)
The High Court held that an ERS motor policy covered only Trade Plate vehicles for business use, so it did not respond to an SDP use accident.
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