In this article we consider the Court of Appeal decision in Scott v Copenhagen Reinsurance Co (UK) Ltd [2003] EWCA Civ 688 which was handed down on 16 May 2003 and was described as something of a test case for the insurance market. The judgment considered the meaning of the words "arising from any one event" in the context of excess of loss reinsurance provided to the appellant Lloyd’s Syndicates by the respondent company.
Background facts
The original losses underlying the claim made by the appellant occurred as a result of the invasion of Kuwait by Iraq in August 1990. As soon as logistics allowed on the capture of Kuwait International Airport by Iraqi ground forces, as part of a premeditated plan on the part of the Iraqis, 15 aircraft belonging to Kuwait Airways Corporation (KAC) and attendant spare parts were flown to Iraq and incorporated into the Iraqi fleet. A British Airways (BA) Boeing 747 had also been captured on the ground at the airport by the Iraqi forces. It
