Spire Healthcare Ltd v Royal & Sun Alliance Insurance Ltd

Subject Matter

INSURANCE — Contract — Construction — Surgeon working at claimant’s hospital performing operations negligently on first group of patents and carrying out unnecessary surgical procedures on second — Groups bringing proceedings against claimant — Claimant seeking indemnity from defendant insurer following settlement of claims — Policy containing aggregation clause in respect of claims consequent on or attributable to one source or original cause — Whether each group of claims consequent on or attributable to one source or original cause — Whether claims to be aggregated

[2020] EWHC 3299 (Comm); [2021] Bus LR 366; [2020] WLR(D) 691, QBD

INSURANCE — Contract — Construction — Surgeon working at claimant’s hospital performing operations negligently on first group of patents and carrying out unnecessary surgical procedures on second — Groups bringing proceedings against claimant — Claimant seeking indemnity from defendant insurer following settlement of claims — Policy containing aggregation clause in respect of claims consequent on or attributable to one source or original cause — Whether each group of claims consequent on or attributable to one source or original cause — Whether claims to be aggregated

[2022] EWCA Civ 17; [2022] Bus LR 170; [2022] WLR(D) 23, CA

Appellate History