Discovery Land Company LLC & Ors v Axis Specialty Europe SE [2024] EWCA Civ 7
Successful acting on behalf of DLC in respect of a declaration sought under the Third Parties (Rights Against Insurers) 2010. The claim arises out of the misappropriation of the sums in excess of USD$20 million for the purchase of Taymouth Castle. The insurers were seeking to decline coverage based on allegations of fraudulent activity by the principal in the law firm, Mr Stephen David Jones of Jirehouse.
The case involved complex issues of aggregation, dishonesty and policy construction. Davis Woolfe and counsel were able to secure declarations, which meant the primary layer insurers, Axis, were liable to pay £3 million per claim. This was also refused, solidifying the Davis Woolfe track record of success at every stage of proceedings.
Axis appealed to the Court of Appeal, challenging the interpretation of the exclusion and aggregation clauses, but the appeal was dismissed on both grounds. Following this, Axis applied for permission to appeal to the Supreme Court on the point of aggregation but was also refused.