Insurance Law Monthly

In Armstead v Royal & Sun Alliance Co Ltd 13 May 2021, Recorder John Benson QC heard an appeal on the question of damages recoverable by the hirer of a vehicle where the vehicle is damaged in a collision due to the fault of another. There had been numerous county court decisions on the topic, and most had been decided in favour of the claimant, but this court was not bound by any of the decisions and considered the matter afresh.

Zurich Insurance plc v Niramax Group Ltd [2021] EWCA Civ 590 was an appeal to the Court of Appeal from the first instance decision of Cockerill J. The case involved a variety of non-disclosure defences in respect of a policy on plant used in a waste recycling business. Most of the matters related to the placement of an entirely separate property policy, it being contended that false statements made to the property insurers were material to the plant policy.

In Bank of New York Mellon (International) Ltd and Others v Cine-UK Ltd and Others [2021] EWHC 1013 (QB) Master Dagnall had to determine whether landlords were entitled to summary judgment on a claim against tenant for rent following the closure of the leased premises during the Covid-19 pandemic. Much of the argument turned upon whether the lease had required the landlords to insure against loss of rent caused by non-physical perils.

In SA Metropolitan Fire Service v ACN 008 275 296 Pty [2020] SADC 45 the South Australian District Court discussed the meaning of the phrase “legally liable to pay for damages or compensation” in a public liability policy. Following a series of well-known authorities, the court concluded that the policy responded only to an actionable breach of duty by the assured and did not cover no-fault statutory payments.