RSA Insurance plc v Assicurazoni Generali SpA

Insurance – Indemnity insurance. The claimant insurer's claim for a contribution from the defendant insurer in relation to an indemnity it had paid out pursuant to an employer's liability insurance policy fell under the Civil Liability (Contribution) Act 1978, and accordingly, was statute-barred as being outside the limitation period set out in s 10(1) of the Limitation Act 1980. In dismissing the claim, the Queen's Bench Division, held that the indemnity under the insurance policy was a claim for damages and not a debt and accordingly, was caught by the CL(C)A 1978.

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