Summary of Recent Cases – Civil Procedure

Judgment That Insured In Breach Of Contract Not Conclusive As To Whether Insured Had Tortious Liability

Omega Proteins Ltd v. Aspen Insurance UK Ltd, QBD, 10/9/10

Clarke J held that in respect of a product liability insurance policy, which contained a clause excluding the insurer’s liability in relation to any contractual liability unless such liability would have attached in the absence of such a contract, a judgment that the insured was liable for breach of contract was not conclusive on the question as to whether the insured also had a tortuous liability which came within the cover.

October 25, 2010 · Editorial Team · Comments Closed
Posted in: Cases