In June 2023, it was ruled that the Supreme Court’s 2021 judgment on radius disease concurrent causation is also applicable to ‘at the premises’ (ATP) disease clauses, granting the owner of exhibition space ExCel London a legal victory.
At the time, the London International Exhibition Centre’s claim led the ATP test case that was made up of six different BI actions against several other insurers.
The test case included claims by Hairlab, Muscleworks, Bodylines Fitness, Mayfair Banqueting, Kaizen Cuisine, My Time Fine Fair, Umberto’s Restaurant, Why Not Bar & Lounge, PizzaExpress Group, PizzaExpress (Restaurants), Bookcash Trading, Agenbite, and PizzaExpress Jersey.
When Mr Justice Jacobs of the Commercial Court ruled against the insurers – including Ageas, AXA, HDI Global, Zenith Insurance, QIC Europe, Liberty Mutual Insurance Europe, and XL Insurance Company for the other claims – he said none of the arguments in support of the contrary conclusion were persuasive.
Except for RSA, insurers in the ExCel London case moved to secure a new ruling in their favour. CNA Insurance, which originally wanted to be part of the appeal, ended up settling with the London International Exhibition Centre for an undisclosed sum, as did RSA.
As for Allianz, Aviva, Zurich, and Chubb, they have appeal hearings happening until Friday, according to City A.M.
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