Case update: Permission to appeal granted in part in ABN AMRO Bank NV v Royal and Sun Alliance Insurance Plc & Others [2021] EWCA Civ 1789

The Supreme Court has granted permission to hear an appeal by two insurers against the Court of Appeal’s decision in ABN AMRO Bank NV v Royal and Sun Alliance Insurance Plc & Others [2021] EWCA Civ 1789.  However, permission to appeal the costs awarded in the case was refused.

In December 2021, the Court of Appeal held that the two insurers could not rely on an estoppel defence arising from non-fraudulent misrepresentations by the broker in order to reject ABN Amro’s claims for loss against them. The broker was relieved of liability to ABN Amro, while the two insurers were found liable for their share of the loss to the bank.

The Supreme Court granted its permission in part on 9 August 2022 and published its permission to appeal results on 1 September 2022.

To read our case update on the Court of Appeal’s decision, please click here.