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Bryn Alyn Insurance Victory

Posted on: January 26, 2006

The High Court today ruled that the Insurers for the Bryn Alyn Community could not rely on an exemption clause in the insurance policy to escape liability to the Claimants.

The Claimants brought proceedings against the insurers of the Bryn Alyn Community after successful civil litigation against Bryn Alyn. The company had been found, in June 2001, to be negligent and liable to the Claimants for the abuse and maltreatment suffered in the Community.

The Bryn Alyn Community, however, went into voluntary liquidation in 1997 and had no assets in which to satisfy the awards made to the Claimants. The Claimants therefore sought to recover from Royal and Sun Alliance PLC, the insurers for the Bryn Alyn Community during the material times

The Court ruled on two issues (i) whether Royal and Sun Alliance Plc were the relevant insurers before August 1976 and (ii) whether Royal and Sun Alliance could rely on an exclusion clause in the policy which excluded liability for any loss resulting from the deliberate act or omission of the insured (Bryn Alyn).

In giving his judgement, Simon J, found that before 1976 Royal and Sun Alliance were not the relevant insurers, accordingly, any Claimant could not claim against Royal and Sun Alliance for any period before 1976. However, Simon J ruled that the compensation awards were on the basis of neglect of Bryn Alyn and were not for the infliction of deliberate harm. The acts of sexual abuse and physical abuse were not the acts of Bryn Alyn and therefore Royal and Sun Alliance could not rely on the exclusion clause to escape liability to the Claimants.

The Claimants were represented by Uppal Taylor Solicitors.

Uppal Taylor Solicitors are specialist child abuse solicitors. If you wish to speak with one of our solicitors in the strictest of confidence please call 0115 982 0770

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