Business interruption

War risks; aggregation

The decision of Tomlinson J in If P&C Insurance Ltd (Publ) v Silversea Cruises Ltd [2004] Lloyd’s Rep IR 217 , was discussed in the September 2003 issue of Insurance Law Monthly. The Court for the most part rejected a claim under what was in essence a business interruption policy. There has now been an unsuccessful appeal by the assured – [2004] EWCA Civ 769, [2004] Lloyd’s Rep IR (forthcoming). The case turned on the proper construction of a complex policy and much of the analysis is relevant only to the wording there employed. However, some wider issues do emerge from the decision.