English Court of Appeal says a ‘hornets’ nest’ or ‘can of worms’ is a valid circumstance notified under a claims-made policy
The English Court of Appeal recently overturned the High Court’s decision in Euro Pools Plc v Royal and Sun Alliance Insurance Plc  EWHC 46. We discussed the English High Court decision in our Insurance Newsletter 2018 – 4. The Court of Appeal allowed the appeal in Euro Pools Plc v Royal and Sun Alliance Insurance Plc  EWCA 808.
Euro Pools specialised in the installation of swimming pools.
The moveable partitions in one of its installed pools would not rise and fall correctly as designed. The partitions allowed the pool to be divided into smaller pools. The partitions were hollow, allowing air to be pumped into them to force them to rise. Leaks developed in the partitions. [Read more…]