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England and Wales Case Law

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Insurance law

London International Exhibition Centre Plc v Allianz Insurance Plc & Ors

The causation requirement for 'at the premises' disease/hybrid clauses is satisfied if government action was taken in response to cases of COVID-19 which included at least one at the premises, regardless of whether the authority knew of the specific occurrence. The insured peril does not require knowledge or reporting of the occurrence at the premises. Cover does not extend to pre-notifiability occurrences. 'Medical Officer of Health' and 'Public Authority' are not limited to local authorities. In the Mayfair policy, 'suffered' means 'occurred or sustained', not 'manifested'.

  • Business interruption insurance
  • Causation
  • Policy interpretation
  • Covid-19 pandemic
  • Notifiable diseases
  • Public authority powers
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Insurance law

London International Exhibition Centre Plc v Royal & Sun Alliance Insurance Plc & Ors

The Supreme Court's concurrent causation analysis applies to 'at the premises' disease cover: it is sufficient for the policyholder to prove that government action causing business interruption was in response to cases of COVID-19 including at least one at the premises, regardless of whether the action was specifically targeted at that premises or whether 'but for' causation is established. Occurrences of COVID-19 prior to its designation as a notifiable disease are not covered. The term 'Medical Officer of Health of/for the Public Authority' includes national Chief Medical Officers. The Mayf…

  • Business interruption insurance
  • Causation in insurance
  • Covid-19 pandemic claims
  • Policy interpretation
  • Notifiable diseases
  • Public authority powers
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