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United Kingdom construction interpretation

Burnett or Grant v International Insurance Co of Hanover Ltd

[2021] UKSC 12
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2021
StatusBinding authority

Summary

'Originating cause' in a professional indemnity insurance aggregation clause means the proximate, not remote, cause of the claims.

Key Principle

The Supreme Court considered the proper construction of a professional indemnity insurance aggregation clause; 'originating cause' means the proximate rather than remote cause of the claims.

Area of Law

insurance

Related Cases

Allianz Australia Insurance Ltd v Sim [2012] HCA 39
Certain Lloyd's Underwriters v Cross (2012) 248 CLR 378

Under Insurance Contracts Act s.54, an insurer cannot refuse a claim on the basis of the insured's breach of duty of disclosure where that breach did not cause or contribute to the loss.

Westport Insurance Corporation v Gordian Runoff Ltd (2011) 244 CLR 239

Insurance contract construction follows general commercial contract principles, requiring consideration of text in context and giving effect to the commercial purpose.

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