DIFC 002/2024, [2024] DIFC CA 002 issued on 2 July 2024

Lals Holdings Limited (and The Companies Identified In Schedules 1 To 3 Of The Claim Form) v (1) Emirates Insurance Company (PSC) (2) Siaci Insurance Brokers LLC

The original dispute involved the clauses of a business interruption insurance policy which applied as a result of COVID 19 action's impact of retail businesses. This appeal looked at the interpretation and relationships of different clauses in the contract.

Background

The LALS Group of Companies (alleged that its business interruption insurer, Emirates Insurance Company (PSC) (EIC) had wrongfully refused cover for business interruption losses arising out of the COVID-19 pandemic. In the alternative, LALS alleged that their insurance broker, SIACI Insurance Brokers LLC (SIACI) had failed to arrange suitable insurance and was in breach of its contractual and tortious duties.