The divisibility of rights

In Insurance Law Monthly (Volume 18: July (pp 11–12)) there was brief discussion of the first instance decision of Langley J in Brit Syndicates Ltd and others v Italaudit SpA [2006] EWHC 341 (Comm). The issue in that case was whether the general rule that co-assureds under a composite policy have distinct rights against the insurers had been ousted by the wording of the policy in question. Langley J held that the general rule applied, but on appeal – Brit Syndicates Ltd and others v Italaudit SpA [2006] EWCA Civ 1661 – the Court of Appeal has reversed the ruling. It is to be emphasised that the case turns purely on the wording of the policy before the court.