header-logo header-logo

18 January 2007 / Ling Ong
Issue: 7256 / Categories: Features , Insurance / reinsurance
printer mail-detail

Company abuse

Ling Ong analyses an exceptional case of attribution in the context of an insurance policy exclusion clause

It is often unclear when acts of individuals can be attributed to an insured, but the Court of Appeal addressed this in the context of an exclusion clause under a liability policy in KR v Royal & Sun Alliance plc [2006] EWCA Civ 1454, [2006] All ER (D) 42 (Nov).

The action arose from various claims concerning physical and sexual abuse suffered by residents in children’s homes, in north Wales, owned and operated by Bryn Alyn Community Holdings Ltd. The homes were originally started up by John Allen. After the company took over the homes, Allen remained a director and chief executive until his resignation in October 1991; he was the majority shareholder until 1989.

In 1995, Allen was convicted of six offences of indecent assault on young male residents between 1972 and 1983. Civil proceedings were subsequently brought against the company by a number of ex-residents claiming abuse—in some cases by Allen, in other cases by heads

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll