Rectification is a narrow, exceptional remedy. It requires clear proof that the written agreement does not reflect the parties’ common intention at the time of contracting. It is not a way to improve a bad bargain after the fact. On the facts of this SCA decision, the insurance policy matched the signed placing slip and
Infectious disease extension
COVID-19 infectious disease extensions and the FCA test case
By Donald Dinnie on
The English high court, in a test case between the Financial Conduct Authority and Arch Insurance (UK) Limited and a number of other insurers, engaged in a nuanced analysis of their different policy wordings relating to business interruption cover for COVID-19 related losses. The court largely sought to resolve causation issues by interpreting each…