MARKEL BERMUDA LTD V CAESARS ENTERTAINMENT INC

[2021] EWHC 1931 (Comm), Queen’s Bench Division, Commercial Court, Mr Justice Bryan, 9 July 2021

Insurance (business interruption) – Date when contract made – Whether policy contained arbitration clause – Whether policy superseded earlier agreement – Rectification – Anti-suit injunction

Markel Bermuda Ltd (Markel) issued an insurance policy to Caesars Entertainment Inc (CEI) providing excess layer material damage and business interruption insurance for the period 1 May 2019 to 1 May 2020. CEI commenced proceedings in Nevada for business interruption losses, based on a Nevada jurisdiction and law clause in the policy wording. Markel sought an anti-suit injunction, contending that the parties had agreed that there should be a London arbitration clause but that the necessary endorsement had by mistake been omitted from the policy documentation sent to CEI’s brokers.