Murray Arnold Campbell Scott - v - The Copenhagen Reinsurance Company (UK) Limited, Commercial Court, 11 July 2002
Aggregation issues have attracted considerable interest in connection with the legal issues arising out of the terrorist attacks against the US on 11 September 2001. This recent judgment of the English Court has provided some further useful analysis of the applicable principles.
Last May the Commercial Court heard what was described by the Defendant as a "friendly action" brought with the co-operation of the London reinsurance market to determine the excess-of-loss aggregation issues that arose out of the invasion of Kuwait and the capture of Kuwait International Airport in August 1990. The issue was whether the misappropriation by Iraq of 15 aircraft owned by the Kuwait Airways Corporation ("KAC") plus a considerable quantity of spares and the destruction of a Boeing 747 owned by British Airways arose out of one event or whether the loss of the aircraft and the
