This morning, 16th January 2024, the Court of Appeal handed down judgment in Various Eateries Trading Ltd v Allianz Insurance Plc  EWCA Civ 10. The appeal and cross-appeal were from one of three cases (the other two being Greggs v Zurich and Stonegate v Amlin, both of which settled before the appeal) which garnered significant attention, given they were the first cases in which the Court had conducted a full analysis of questions of aggregation in the context of losses arising out of the COVID-19 pandemic. The Court of Appeal judgment broadly confirms the judge’s approach below, but is essential reading for insurance and reinsurance lawyers as it contains the most comprehensive treatment by the courts to date on the role of remoteness in the context of aggregation.
Charles Dougherty KC and Timothy Killen acted for the insurer, Allianz Insurance PLC, instructed by a team led by James Deacon at DAC Beachcroft LLP.
A summary note of the Court of Appeal judgment can be accessed here.
The Court of Appeal judgment is available here.