The WLR Daily case summaries
[2020] WLR(D) 691
Queen’s Bench Division
Spire Healthcare Ltd v Royal & Sun Alliance Insurance plc
[2020] EWHC 3299 (Comm)
2020 Nov 3, 4, 5; Dec 10
Judge Pelling QC sitting as a High Court judge
Insurance— Contract— Construction— Insurance policy covering claimant hospital operator in respect of liabilities for acts and omissions of those providing surgical services at its hospitals— Insurance policy containing aggregation clause in respect of claims consequent on or attributable to one source or original cause— Consultant at claimant’s hospitals performing negligently incorrect surgical procedures on patients requiring surgery as well as surgical procedures on patients where no surgery clinically indicated— Claimant reaching out-of-court settlement with affected patients and seeking to claim under insurance policy— Insurer accepting claimant’s entitlement to indemnity under policy but raising issue of aggregation and alleging consultant’s deliberate misconduct constituting single cause— Claimant asserting two groups of patients constituting two separate original causes— Proper construction of aggregation clause— Proper extent of insurer’s liability under policy