- Cited — The University of Exeter v Allianz Insurance PLC 2023-12-14
“…insured peril and the other is excluded by the policy, the exclusion will usually prevail: see Wayne Tank & Pump Co. Ltd v Employers Liability Incorporation Ltd[1974] QB 57 at 67B-F, 69B-D and 64E-75D. That principle was restated in Arch:…”
- Cited — The University of Exeter v Allianz Insurance PLC 2023-12-14
“…though it is always a question of interpretation, the exclusion will generally prevail: see Wayne Tank and Pump Co Ltd v Employers Liability Assurance Corpn Ltd[1974] QB 57; Midland Mainline Ltd v Eagle Star Insurance Co Ltd[2004] EWCA Civ 1042; [2004] 2 Lloyd’s Rep 604; Atlasnavios-Navegação, LDA (formerly Bnavios-Navegação, LDA)…”
- Cited — Brian Leighton (Garages) Limited v Allianz Insurance plc 2023-01-11
“…ent proximate causes, one an insured peril and the other excluded, the exclusion prevails: Wayne Tank and Pump Co Ltd v Employers Liability Assurance Corpn Ltd [1974] QB 57, at pp. 67B-F, 69B-D, 74E-75D; Atlasnavios-Navega LDA v Navigators Insurance Co Ltd [2018] UKSC 26 [2019] AC 136 at [49]; FCA v Arch at [174].…”
- Explained — Manchikalapati & Ors v Zurich Insurance Plc (t/a Zurich Building Guarantee & Zurich Municipal) & Ors 2019-12-05
“…Employers Liability Assurance Corp. Limited [1974] QB 57 and The Miss Jay Jay [1987] 1 Lloyd’s Rep 32. But for the reasons which I have explained, that analysis simply does not arise here because there were not two c…”