Insurance Law Monthly

In Liberty Mutual Insurance Europe SE v Bath Racecourse Co Ltd [2025] EWCA Civ 153 the Court of Appeal has upheld the decision of Jacobs J, [2024] EWHC 124 (Comm); [2025] Lloyd's Rep IR 82, on a series of preliminary issues arising out of the application of business interruption policies to the Covid-19 pandemic.

In MOK Petro Energy FZC v Argo (No 604) Ltd and Others [2024] EWHC 1935 (Comm); [2024] Lloyd's Rep IR 585 Dias J discussed a number of questions arising out of alleged damage to a cargo of petrochemicals, including whether there was damage at all, whether there was a fortuitous loss and whether - if there was a valid claim - it would otherwise be defeated by breach of warranty.

In MS Amlin Marine NV v King Trader Ltd and Others [2024] EWHC 1813 (Comm); [2024] Lloyd's Rep IR 703 the third-party claimants against an insolvent charterer sought to recover from the charterer's insurers under the Third Parties (Rights Against Insurers) Act 2010. The policy contained a pay to be paid clause.