header-logo header-logo

Indemnity claims ruling

21 April 2016
Issue: 7695 / Categories: Legal News
printer mail-detail

The Court of Appeal has ruled on the question of when indemnity claims are “aggregated” (treated as a single claim), in an important case on solicitors’ professional indemnity insurance. In AIG v OC320301 LLP [2016] EWCA Civ 367, AIG argued that claims with a potential value of £10m brought by investors against the insured solicitor should be aggregated so as to limit its liability under the policy to £3m rather than about £11m. The dispute involved allegations of negligence by investors who lost money from property developments in Morocco and Turkey. Allowing the appeal but remitting the case to the Commercial Court for trial, Lord Justice Longmore held that a “relationship of some kind between the transactions relied on” was sufficient to aggregate the claims. However, “there must be some restriction on the concept of relatedness and the most satisfactory approach is that the relation must be an intrinsic relationship not an extrinsic one”.

James Denison, Forum of Insurance Lawyers member and associate at Weightmans, says: “Transactions must still be ‘intrinsically related’ for the clause to bite and that remains a narrow test.”

Issue: 7695 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll