Liability insurance: costs and mitigation

The lengthy decision of Moulder J in Euro Pools plc v Royal and Sun Alliance Insurance plc [2018] EWHC 46 (Comm) discusses a series of important points arising under a liability policy. The initial issue was the much-debated question of whether a notification of circumstances under a claims made policy encompasses matters later coming to light, but there were also important questions relating to the recovery of mitigation costs and also costs incurred by the assured in pursuing a third party for indemnity or contribution.

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