header-logo header-logo

Insurance policies: double trouble?

226825
When there’s more than one insurance policy, you’d better double-check the cover, say Chris Bates & Jordan Ball
  • A recent case has provided clarity on the complex question of the available indemnity when the same loss is covered by more than one insurance policy.
  • In a decision likely to be welcomed by insureds, the court confirmed that there is no issue in principle with taking out multiple insurance policies against the same loss.
  • For insurers, the decision highlights the importance of including ‘rateable proportion’ clauses in policies if seeking to limit the available indemnity.

In Watford Community Housing Trust v Arthur J Gallagher Insurance Brokers Ltd [2025] EWHC 743 (Comm) (a broker’s professional negligence claim), the court shed some valuable light on the tricky issue of multiple insurance where insureds have cover for the same loss under more than one policy.

The facts

The claimant was a housing association and the defendant was its insurance broker. In March 2020, one of the claimant’s employees inadvertently emailed

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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
back-to-top-scroll