Legal News

Court of Appeal clarifies aggregation of medical malpractice losses (Spire Healthcare Ltd v Royal & Sun Alliance Insurance Ltd)

Published on: 20 January 2022
Published by: LexisPSL
  • 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

Article summary

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. or take a trial to read the full analysis.

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