Insurance Law Monthly

The lengthy judgment of Henshaw J in Novitas Loans Ltd v AmTrust Specialty Ltd [2026] EWHC 592 (Comm) deals with preliminary issues arising out of a failed litigation funding scheme involving "After the Event" policies. The court addressed issues of notification, aggregation and subrogation. The judgment is concerned with principles rather than substantive rulings.

In Nuix Ltd v Berkshire Hathaway Specialty Insurance Co [2025] FCA 1002, Derrington J considered the operation of deductibles under a liability policy where different deductibles were applicable to different claims but all of the claims were to be aggregated as a single claim. Derrington J held that the higher of the deductibles was to be applied to the aggregate claim.