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QBE Europe SA/NV and Another v Generali Espana de Seguros y Reaseguros – [2022] EWHC 2062 (Comm), Queen’s Bench Division, Commercial Court (Mr Justice Foxton) – 1 August 2022

Lloyd's Maritime Law Newsletter

QBE Europe SA/NV and Another v Generali Espana de Seguros y Reaseguros – [2022] EWHC 2062 (Comm), Queen’s Bench Division, Commercial Court (Mr Justice Foxton) – 1 August 2022

Marine insurance – Arbitration – Anti-suit injunction – Foreign proceedings in breach of arbitration clause – Nature of legislation conferring right of action – Senior Courts Act 1981, section 37

On 3 July 2016 there was an incident involving the motor yacht Angara which allegedly caused damage to an undersea power cable belonging to Red Eléctrica de España (REE) linking the islands of Mallorca and Menorca. There was consequential hydrocarbon pollution to the local area. REE was insured against property damage and civil liability under an insurance policy subscribed to by two insurers including Generali (as to 65 per cent), and REE received an indemnity of some €7,700,000.

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