Mamo TCV Obtains Favourable Decision For Plaintiffs In Insurance Proceedings

In a judgement dated 31^st October 2016 presided by Mr. Justice Anthony Ellul, in the names Atlas Insurance PCC Ltd and Middlesea Insurance plc in their name and as subrogated in the rights of the insured Attard Bros Company Ltd vs Elmo Insurance Ltd, the Civil Court, First Hall held that the concept of double insurance in terms of English law was recognised in Malta and therefore the defendant company was obliged to contribute to the payment made by the plaintiff companies. This decision makes an important contribution to the body of Maltese insurance substantive law.

This case focused on two insurance polices that were issued in relation to the project for the development of the site known as Pender Place and Mercury House in St. Julians, Malta.