header-logo header-logo

08 August 2013
Issue: 7572 / Categories: Case law , Law digest , In Court
printer mail-detail

Insurance

Teal Assurance Co Ltd v WR Berkley Insurance (Europe) Ltd and another company [2013] UKSC 57, [2013] All ER (D) 387 (Jul)
 

Where an insurance had a limit, it made no sense to speak of the insured having causes of action or recoverable claims which together would exceed that limit. If the limit was US$10m and the insured incurred ascertained third party liability of US$10m in respect of each of two successive third party claims, it made no sense to speak of the insured having two causes of action or two recoverable claims against its insurer totalling US$20m.

Likewise, if its liability was ascertained at US$7.5m each claim, the insured would have two causes of action or claims against its insurer, but the second would only be for US$2.5m. The ascertainment, by agreement, judgment or award, of the insured's liability gave rise to the claim under the insurance, which exhausted the insurance either entirely or pro tanto.

Similar considerations governed the incurring of ascertained expenses where those fell potentially within the policy indemnity. An insured could

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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll