HomeInsurance LawCourt docket construes utility of coverage sub-limits in Covid-19 BI declare

Court docket construes utility of coverage sub-limits in Covid-19 BI declare

The most recent judgment passed down within the spate of latest Covid-19 industry interruption (BI) circumstances is PizzaExpress Team Restricted & Ors v Liberty Mutual Insurance coverage Europe SE & some other [2023] EWHC 1269 (Comm).

The judgment is in appreciate of a initial factor in regards to the development of provisions in relation to coverage limits. The Pizza Categorical eating place crew (in combination Pizza Categorical) claimed for round £260 million in industry interruption (BI) losses. The Defendant insurers contended that the declare, if coated in any respect, would give upward thrust to a most indemnity of £750,000 for 3 occurrences or £250,000 for one incidence (plus £50,000 for Claims Preparation Bills).

Find for the Defendant insurers, Justice Richard Jacobs held that Pizza Categorical’ proposed development of the Coverage “unrealistically dissects what is supposed through “limits of legal responsibility” … and leads to a studying which might marvel any cheap reader of the coverage”.


Pizza Categorical’ declare for BI losses stemmed from closures and restrictions on using its eating places between March and November 2020, offered through the federal government in accordance with the Covid-19 pandemic.

Pizza Categorical’ coverage was once underwritten through Liberty Mutual Insurance coverage Corporate SE and XL Insurance coverage Corporate SE and was once on a normal shape Aon Trio Belongings and Industry Interruption wording.

Pizza Categorical’ claims have been made beneath two extensions within the BI segment of the Coverage:

(i) Extension 2(a)(i) supplied duvet in appreciate of “any incidence of a Notifiable Human Illness on the Premises …that reasons restrictions on using the Premises at the order or recommendation of a statutory, native or different competent authority“; and

(ii) Extension 2(b)(v) supplied duvet in appreciate of the “closure or sealing off of the Premises … through the coverage, fireplace brigade or different statutory authority or native or shipping authority because of an emergency match on the Premises or inside of a radius of one mile of the Premises … which … prevents or hinders using the Premises or get admission to thereto …“.

Insurers denied duvet at the foundation that each extensions have been limited to “localised duvet” which was once no longer supposed to increase to central govt motion which resulted within the closures and restrictions on using Pizza Categorical’ eating places. Whilst this factor is but to be decided, the Court docket on this example regarded as a initial factor in regards to the development of the Coverage’s limits of legal responsibility. The problem was once decided at the side of an identical problems coming up from different Covid-19 BI circumstances.

Coverage phrases

The provisions in relation to the bounds of legal responsibility have been contained within the Coverage Agenda. Segment 2 of the Agenda associated with BI claims.  Web page 4 of Segment 2 contained an itemised desk together with a column offering the “Prohibit of Legal responsibility” according to merchandise. The footnote to this desk famous: “Further limits and/or sub-limits follow – those are indexed later within the Agenda”.

Web page 5 of Segment 2 contained a bit headed “Sub-limits”, a part of which is reproduced beneath:

– Sub-limits shape a part of the Prohibit of Legal responsibility and don’t follow along with it;
– all Limits of Legal responsibility follow anyone Prevalence;
– limits are inclusive of the Extra;
until in a different way mentioned. If multiple Sub-limit applies to the similar loss, the Insurer’s legal responsibility will probably be restricted to the lesser Sub-limit.

In appreciate of Segment 2

Prolonged Incident
– Notifiable illness
– Prevention of Get entry to & Lack of Appeal

GBP 250,000
GBP 250,000


Web page 6 of Segment 2 of the Agenda contained provisions headed “Extra” which supplied:

“… Insurance coverage Limits (and Sub-limits) are inclusive of Excesses.
Just one Extra will follow in appreciate of anyone Prevalence. …”

Of relevance was once that, neither the time period “Limits of Legal responsibility” nor “Sub-limits” was once outlined within the Coverage which, as demonstrated beneath, used other phrases to explain Coverage limits and was once no longer constant in using terminology or capitals.

The events’ positions

The principle level of rivalry between the events was once whether or not the Sub-limits set out on web page 5 of Segment 2 of the Agenda got here inside the expression “all Limits of Legal responsibility follow anyone Prevalence” in instances the place neither “Prohibit of Legal responsibility” nor “Limits of Legal responsibility” was once outlined within the Coverage.

Pizza Categorical ran the argument that, on a herbal studying of the Coverage phrases, there was once a transparent difference between “Limits of Legal responsibility” and “Sub-limits”. They contended that no cheap reader would interpret the word “Limits of Legal responsibility” as having one that means within the first line on web page 5 of Segment 2 of the Agenda (expressly distinguishing it from “Sub-limits”), however a special, reasonably contradictory, that means in the second one line (encompassing “Sub-limits”). Among different contentions, they submitted that this was once much more obvious from the 3rd line on web page 5 the place the phrase “limits” was once supposed to check with each “Limits of Legal responsibility” and “Sub-limits”, and that if this was once no longer the case, the draftsperson would have used “Limits of Legal responsibility” and “limits” to put across a unmarried that means in consecutive strains at the identical web page. As such, Pizza Categorical claimed that handiest the “Limits of Legal responsibility” may well be aggregated to anyone Prevalence; the “Sub-limits” no longer being matter to such an utility. They argued that, had there been such an aim, “Sub-limits” would were expressly mentioned to be matter to the anyone Prevalence aggregation, which it was once no longer.

The Insurers submitted that, on any cheap studying of the Agenda, all limits (whether or not “Limits of Legal responsibility” or “Sub-limits”) have been matter to the appliance of “anyone Prevalence”, until in a different way mentioned (and there was once not anything in a different way mentioned).


In accepting the Insurers’ place, Justice Jacobs discovered that the herbal assumption and glaring conclusion was once that all the figures set out on web page 5 of Agenda 2 got here inside the expression “all Limits of Legal responsibility follow anyone Prevalence“. He discovered there to be no indication within the Coverage that the word “all Limits of Legal responsibility” (capitalised however no longer outlined) was once supposed to imply one thing narrower than its strange that means. In its strange that means, the expression would surround all limits of legal responsibility together with the “Sub-limits”.  Except for sub-limits would result in a “very abnormal conclusion“. He held that sub-limits have been obviously limits of legal responsibility and the word “all” was once supposed to encapsulate all limits. Every of the 3 bullet issues on web page 5 have been supposed to use to the desk that adopted and to the Agenda as an entire, with any departure having to be “in a different way mentioned”. As there was once not anything in a different way mentioned in appreciate of the sub-limits for notifiable illnesses and prevention of get admission to, the “anyone Prevalence” wording implemented to these specific sub-limits.


The results of the verdict is that, despite the fact that there may be duvet for Pizza Categorical’ losses beneath the related extensions, it’s going to be restricted to £250,000, or however a small portion of the declare.

Jacob J seems to have had little issue attaining his conclusion, discovering that the solution was once “transparent”. He additionally refused Pizza Categorical permission to enchantment even supposing it can be that Pizza Categorical will search permission from the Court docket of Enchantment.

Matter to the end result of such a utility, and any enchantment, the verdict probably has implications for different policyholders in this wording to the level that such policyholders have relied at the identical argument, with the impact of lowering duvet for vital claims to a fragment in their worth.

Antonia Pegden

Nikita Lulla



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