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United Kingdom construction interpretationexclusion and limitation clausesguarantees and indemnities

Impact Funding Solutions Ltd v Barrington Support Services Ltd

[2016] UKSC 57
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2016
StatusBinding authority

Summary

UKSC distinguished insured clauses from insuring clauses in a liability insurance policy, holding that a funding exclusion defined the scope of cover rather than excluding liability already covered.

Key Principle

third party (rights against insurers); interpretation of insured vs insuring clauses

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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