- Court of Appeal clarifies aggregation of medical malpractice losses (Spire Healthcare Ltd v Royal & Sun Alliance Insurance Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Insurance & Reinsurance analysis: The Court of Appeal has reversed a High Court decision not to aggregate insured claims where the claims arose out of the conduct of a single person but where that individual’s incompetence or dishonesty manifested differently in respect of particular losses or groups of losses. The underlying liabilities arose out of medical malpractice by a consultant surgeon over several years, during which they had falsified pathology reports to justify unnecessary operations, or had negligently carried out partial mastectomies.
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