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KR & Ors v Royal & Sun Alliance Plc




LTL 3/11/2006; [2006] EWCA Civ 1454; Times, November 8, 2006, [2007] Bus LR 139 2006-11-03

The true intention of an exclusion clause in a combined insurance policy issued to a company that ran children’s homes was to exclude liability for damage or injury caused by deliberate acts of persons who were to be regarded as in effect the insured company, as opposed to the acts of those who were mere employees. The deliberate acts of abuse by the majority shareholder and managing director fell to be attributed to the company and were within the exclusion as were the acts of those who were at the time of the abuse directors or de facto heads of the individual homes. Those were “managerial employees” but that expression did not include anyone further down the company hierarchy.