Insurance Law Monthly

In Various Policyholders v China Taiping Insurance (UK) Co Ltd the insurers under a policy covering material damage and consequential business interruption losses, but with some extensions for non-damage interruptions, agreed on 10 June 2021 to ad hoc arbitration with a number of policyholders on the meaning of a “Denial of Access” extension. CTI agreed to pay all of the costs of the arbitration. Lord Mance was appointed as sole arbitrator, and he issued his award on 10 September 2021. The award was in declaratory form and, like many of the recent cases, was in favour of the insurers.

In Doorway Capital Ltd v American International Group UK Ltd [2022] EWHC 182 (Comm) the question was whether a solicitors’ liability policy covered default by the insured solicitor on a facility whereby funds were provided to the practice in return for the discounted sale of receivables. Butcher J struck out a claim against the insurers as having no reasonable prospect of success. The policy was designed to cover liability arising out of the practice and not liability for trading debts.

The issue in Outback Music Festival Group Pty Ltd v Everest Syndicate 2786 at Lloyd’s [2022] FCA 13 was whether losses suffered by promoters of a music festival due to be held in Queensland in July 2020 following its cancellation fell within an insurance policy exclusion for losses resulting from a governmental response to infectious diseases. Allsop CJ dismissed the insurance claim.

The decision of the Australian Federal Court in Star Entertainment Group Ltd v Chubb Insurance Australia Ltd [2021] FCA 907; [2022] Lloyd’s Rep IR Plus 11 has now been appealed. In Star Entertainment Group Ltd v Chubb Insurance Australia Ltd [2022] FCAFC 16, the Full Court of the Australian Federal Court has upheld the first instance decision of Allsop CJ.