Insurance Law Monthly

In Oceanus Capital Sarl v Lloyd's Insurance Co SA (The Vyssos) [2025] EWHC 3293 (Comm) Sue Prevezer KC, sitting as a Deputy High Court Judge, considered the nature of a mortgagee's interest policy and exactly what had to be proved in order for a claim to be made.

In MS Amlin Marine NV v King Trader Ltd and Others [2025] EWCA Civ 1387, an appeal from the decision of Foxton J, [2024] Lloyd's Rep IR 703, the Court of Appeal confirmed that pay to be paid clauses are valid and enforceable, and cannot be attacked on the grounds that they are inconsistent with the insuring obligation or that they are onerous. The leading judgment was given by Sir Geoffrey Vos MR, with a few added comments by Males LJ. Singh LJ was content to agree with his brethren.

In Bath Racecourse Co Ltd and Others v Liberty Mutual Insurance Europe SE and Others (No 2) [2025] EWHC 1870 (Comm) Sean O'Sullivan KC discussed a series of issues left unresolved in the earlier proceedings between the parties regarding the claimants' claim under a business interruption policy for Covid-19 losses. There were two main points: had the closure of the claimants' premises been on the order of a "competent authority", and what constituted "any one loss" in the context of multiple premises closed by a series of official actions.