Greggs Plc v Zurich Insurance Plc

Decision date: 17 October 2022

Neutral citation: [2022] EWHC 2545 (Comm)

Court: High Court (Commercial Court)

Insurance classification confidence: high

Overall AI summary confidence: medium

AI notice: Any short overview, ratio decidendi summary, or obiter dicta summary on this page is AI-generated. It is provided solely to help users assess possible relevance and may be inaccurate or incomplete. It is not legal advice. Users should read the original judgment and obtain appropriate legal advice before relying on any summary.

Short overview

A short description of the case, material issue, and outcome where supported by the judgment.

AI confidence in this overview: medium

This is an expedited trial of preliminary issues in Greggs' claim against Zurich for business-interruption losses under a Marsh Resilience policy arising from Covid-19. The court accepted Greggs' primary aggregation case that the relevant "occurrences" can be the different governmental announcements/regulations, held that the PRCM Costs sub‑limit of £75,000 applies in addition to the Limit of Liability and (so) per SBIL, and ruled that government support (CJRS furlough payments and business‑rates relief) must be taken into account in assessing Greggs' loss before application of any SBIL limit.

Ratio decidendi

The legal reasoning necessary to the outcome, where it can safely be identified from the judgment.

AI confidence in this ratio summary: medium

The court held (1) that Greggs' primary case — aggregation by reference to different governmental announcements/regulations as the relevant occurrences — is accepted for the purposes of these preliminary issues; (2) that the PRCM Costs sub‑limit of £75,000 applies in addition to the Limit of Liability and therefore applies per SBIL; and (3) that CJRS and BRR government support are to be taken into account in assessing loss before application of the SBIL limit.

Obiter dicta

Judicial observations that were not necessary to the outcome, where they can safely be identified.

AI confidence in this obiter summary: low

The judge observed (non-decisively) that assigning losses to multiple relevant occurrences is not shown to be impossible and that a Marsh-produced regulation-by-regulation calculation suggests the exercise can be performed.

Warning

The automated summary was prepared from the beginning and end of a long judgment; consult the original decision for the complete reasoning. The middle of the judgment was omitted from the judgment; that omission may exclude relevant reasoning or additional conclusions.

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