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ARTICLE · 22 JULY 2022

First Case On The Implied Term To Pay Claims Within A Reasonable Time – Section 13A Insurance Act 2015

The judgment in Quadra Commodities S.A. v XL Insurance Company SE and Others [2022] EWHC 431 (Comm) is notable as the first to consider the application of s.13A Insurance Act 2015 relating to...

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The judgment in Quadra Commodities S.A. v XL Insurance Company SE and Others [2022] EWHC 431 (Comm) is notable as the first to consider the application of s.13A Insurance Act 2015 relating to the implied term that insurance claims must be paid within a reasonable time. The judgment also provides some clarity as to what constitutes an insurable interest.

Background

The Claimant is a commodities trading and logistics company, specialising in the trade of agricultural commodities. Under a series of purchase contracts, it acquired cargoes of grain from Agroinvestgroup, an association of companies involved in the production, storage and processing of agricultural products.

The Claimant dealt with two entities in the Agroinvestgroup – Agri Finance SA (Agri Finance) and Linepuzzle Ltd (Linepuzzle). The Claimant would buy grain from Linepuzzle and then sell it to Agri Finance to assist those entities with the financing of commodities under purchase contracts.

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