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Georgina Squire from Rosling King analyses the impact on the insurance sector of a recent test case where the Supreme Court issued a judgment on aggregation clauses which mean that related claims can be heard as one claim. This is the first time that the Supreme Court has been asked to consider an aggregation clause since the Lloyds TSB case in 2003. The Supreme Court has scrapped the “Intrinsic Test” altogether and clarified the principles in the Lloyds TSB case. The clarification is useful but ultimately the Court has stressed that this is a very fact-sensitive area and each case will have to be decided in the round. |
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