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ARTICLE · 21 MARCH 2018

Does Your Insurance Policy Do What You Think It Should?

Gowling WLG
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This was confirmed by the Court of Appeal in its most recent decision on contractual interpretation.

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Where the terms of a contract are clear, there is no need to rely on additional rules or practices that could result in a different interpretation. This was confirmed by the Court of Appeal in its most recent decision on contractual interpretation.

Spire Healthcare Limited v Royal & Sun Alliance Insurance Plc involved an appeal to the Court of Appeal on the construction of provisions of a combined liability insurance policy (the Policy) issued by Royal & Sun Alliance (RSA) to Spire Healthcare (SH).

Background

Over 700 former patients of private healthcare operator SH had made claims against it arising out of unnecessary and negligent operations carried out by the disgraced consultant breast surgeon, Mr Ian Paterson. SH agreed to pay almost £27 million into a settlement fund for those patients. A dispute then ensued between SH and RSA as to the level of cover provided by the Policy.

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