header-logo header-logo

Company abuse

18 January 2007 / Ling Ong
Issue: 7256 / Categories: Features , Insurance / reinsurance
printer mail-detail

Ling Ong analyses an exceptional case of attribution in the context of an insurance policy exclusion clause

It is often unclear when acts of individuals can be attributed to an insured, but the Court of Appeal addressed this in the context of an exclusion clause under a liability policy in KR v Royal & Sun Alliance plc [2006] EWCA Civ 1454, [2006] All ER (D) 42 (Nov).

The action arose from various claims concerning physical and sexual abuse suffered by residents in children’s homes, in north Wales, owned and operated by Bryn Alyn Community Holdings Ltd. The homes were originally started up by John Allen. After the company took over the homes, Allen remained a director and chief executive until his resignation in October 1991; he was the majority shareholder until 1989.

In 1995, Allen was convicted of six offences of indecent assault on young male residents between 1972 and 1983. Civil proceedings were subsequently brought against the company by a number of ex-residents claiming abuse—in some cases by Allen, in other cases by heads

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll