birketts – Aggregation of an individual’s negligence on various occasions: Spire v RSA


The Court of Appeal has overturned the High Court’s interpretation of an aggregation clause allowing two separate indemnity limits of £10m for two separate groups of claims. In Spire Healthcare Limited v Royal & Sun Alliance Insurance Limited [2022] EWCA Civ 17, the Court of Appeal held that the negligent and dishonest conduct of the surgeon Mr Paterson constituted a single unifying factor, and therefore the two groups of claims should be aggregated.

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