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Liability insurance: privilege

Online Published Date : 24 October 2021 | Appeared in issue: Vol 33 No 10 - 24 October 2021

In Travelers Insurance Co Ltd v Armstrong [2021] EWCA Civ 978; [2021] Lloyd’s Rep IR 454 the Court of Appeal has considered the operation of the rules of privilege to a joint retainer of solicitors by the assured and its liability insurers. The decision confirms that there is joint retainer privilege, and that neither party can object to disclosure to the other.

Business interruption insurance: Covid-19

Online Published Date : 24 October 2021 | Appeared in issue: Vol 33 No 10 - 24 October 2021

Judgment in the second Australian test case on business interruption cover for Covid-19, Swiss Re International SE v LCA Marrickville Pty Ltd [2021] FCA 1206, was handed down by Jagot J on 8 October 2021. Fifteen claims were selected to represent the many others outstanding, and the policies involved were much the same as discussed in the earlier English and Australian test cases. There are certain features of the policy wordings and indeed of the Covid-19 situation, that are unique to Australia, but it is of great interest to note the insurers were successful on almost every key point. Permission to appeal was granted immediately, and so this is only the first step in the contest.