Cultural Foundation (doing business as American School of Dubai) and another v Beazley Furlonge Ltd (as managing agent for Syndicate AFB 2623/623 at Lloyd's) and others

Insurance – Third party's rights against insurer. In the trial of preliminary issues arising from the first and second claimants' claims, the Commercial Court held, among other things, that while some elements of the claim arose from the circumstances notified to the 2008/2009 primary policy, other elements of the claim fell within the 2009/2010 primary policy. Further, that the first defendant primary professional indemnity insurer had a right of set-off in relation to those costs it had incurred in defending the second claimant's claim in an arbitration, which had been over and above what it had been contractually required to pay under the insurance policy.

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