On 7 November 2024, the Court of Appeal (Civil, Superior)
delivered its final judgment in the case of 'C.B. v Water
Sports Operations Limited et', which related to a water sports
accident that occurred in July 2007. While the Court of Appeal
delved into a number of legal principles, the purpose of this law
report will be to analyse the Court of Appeal's conclusions
reached in respect of an insurance policy entered into between a
local insurance agent (hereinafter "MIAL") and the
defendant company.
Facts of the case
On 25 July 2007, the plaintiff's husband had decided to
participate in a water-sports activity while on holiday in Malta,
which led to him suffering severe, permanent injuries. In fact, as
a result of the accident, the plaintiff's husband ended up
paralysed, with no possibility whatsoever of carrying out any form
of future economic activity. The plaintiff blamed the accident on
negligence, lack of experience, carelessness, lack of attention
