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ARTICLE · 17 NOVEMBER 2018

Aggregation clauses in insurance policies - recent judicial consideration

Care should be taken in the drafting of policies to ensure that the appropriate trigger for aggregation has been adopted.

New ZealandInsurance

Aggregation clauses play a vital role in all forms of insurance, although they have been discussed most commonly in the context of liability insurance. Aggregation fixes the amount recoverable by the assured where the assured's liability arises out of a number of separate acts of negligence. The policy may fix the maximum sum recoverable on a "per claim" basis, or it may require the assured by way of deductible to bear the first part of the amount of any claim.

Where there is a large number of small claims that cannot be aggregated, and none of the claims exceeds the deductible, the assured will recover nothing. By contrast, where there is a small number of large claims that cannot be aggregated, the assured will recover the sum insured in respect of each claim.

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