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United Kingdom construction interpretationguarantees and indemnities

Kosmar Villa Holidays plc v Trustees of Syndicate 1243

[2008] EWCA Civ 147
JurisdictionUnited Kingdom
CourtEngland and Wales Court of Appeal (Civil Division)
Year2008
StatusBinding authority

Summary

Court of Appeal considered the construction of aggregation clauses in London market liability insurance policies, addressing how multiple claims may be treated as a single occurrence.

Key Principle

London market placement; construction of aggregation clauses in liability policies

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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