Abstract

Exclusion - Known Prior Circumstances

Article

Exclusion – Known Prior Circumstances

 

If an exclusion applies to breaches of duty which were known about prior to a specified time, it is not sufficient that the conclusion that breaches had occurred feels like a compelling conclusion for a reasonable person from the facts known to him. It is necessary that the person concerned has actually come to the conclusion, on the basis of the facts known to him, that duties have been breached. As this is about an inner fact, the answer is to be assessed on the basis of the overall circumstances: Woodford v AIG Europe [2018] EWHC 358 (QB).