Insurance Law Monthly

In National House Building Council v Peabody Trust [2025] EWCA Civ 932; [2025] Lloyd's Rep IR 533 the Court of Appeal dismissed an appeal from the first instance decision of Andrew Mitchell KC [2024] EWHC 2063 (TCC) [2024] Lloyd's Rep IR 717, holding that the six-year limitation period for insurance claims laid down by the Limitation Act 1980 began to run under an insolvency policy not on the insolvency of the contracting party but rather at the point at which the assured was called upon to make good losses caused by the contracting party's insolvency.

In Mode Management Ltd and Another v AXA Insurance UK plc [2025] EWHC 2035 (Comm) the assured bravely tried - but failed - to evade the six-year limitation period under the Limitation Act 1980 by arguing for a novel alternative, specific performance.

The Full Federal Court of Australia, consisting of Thawley, Downes and Shariff JJ, has in Insurance Australia Ltd v Capral Ltd [2025] FCAFC 46 upheld the reasoning and decision of Jackman J in the Federal Court of Australia in Capral Ltd v Insurance Australia Ltd [2024] FCA 775, setting out the principles governing the meaning of "property damage" where defective products have been installed into other property. The judgment also contains a helpful analysis of the "sistership" exclusion found in product liability policies.