Royal Sun Alliance Insurance PLC & ors (appellants) v Textainer Group Holdings Ltd & ors (respondents)
Wednesday 22 – Thursday 23 November 2023
By appellant’s notice filed on the 25 October 2022, this appeal challenges the Order of David Railton KC (sitting as a DHCJ) dated 5 October 2022 that dismissed the claim.
The Defendants (“Textainer”) are or were companies in the Textainer Group of companies, one of the largest intermodal container lessors in the world.
For the period 1 October 2015 to 30 September 2016 Textainer had in place a container lessee default insurance programme (“the Insurance Programme”), consisting of a US$5m retention, a primary policy of US$5m excess US$5m (“the Primary Policy”), and then 5 excess of loss policies (“the Excess Policies”) providing aggregate cover up to US$80m (excess the US$5m retention) any one occurrence. The Claimants in this action are (or represent) some but not all of the insurers on the Primary, and the 1st to 3rd Excess Policies.
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