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Anna Engh

Anna Engh, co-chair of Covington’s Insurance Practice Group, has a wealth of experience in representing policyholders in litigating and resolving complex insurance coverage disputes. She is listed in Chambers USA, which notes that she is “incredibly well regarded” by the market for her policyholder expertise and her “notable experience litigating high-profile insurance disputes.” Named by Business Insurance as among “25 Women to Watch,” she is an experienced first-chair litigator in major coverage litigation as well as lead counsel in achieving non-litigated resolutions of insurance disputes. She takes a hands-on, tailored approach to every matter with the objective of resolving disputes employing zealous advocacy and creative and practical approaches.

Anna has represented policyholders in arbitrations and federal and state courts across the country. She has extensive experience with a wide variety of underlying claims, including asbestos, pharmaceutical and other mass tort claims; cyber claims; environmental liabilities; first party property damage; aircraft losses and detentions; directors and officers and errors and omissions claims; and political risks.

Anna has served as a member of the Management Committee, as a hiring partner, and as co-chair of the summer associate program. She is a frequent speaker on insurance and litigation topics at ABA and other conferences.

This half-yearly update on insurance coverage litigation summarises significant insurance coverage cases in the English courts and provides a detailed analysis of the Corbin & King v AXA Insurance UK Plc case, highlighting the key takeaways for policyholders. In the first half of 2022, the English courts have delivered important judgments on a number of critical issues for policyholders, including Covid-19 business interruption insurance, aggregation clauses, insurers’ implied obligation to pay claims within a “reasonable” time, and the effect of lenders’ mortgagee interest insurance policies; some of which are policyholder friendly, some less so.  

Significant cases 2022 H1

Corbin & King v AXA Insurance UK Plc [2022] EWHC 409 (Comm): In the most anticipated decision of the last half-year relating to Covid-19 business interruption losses, the English High Court determined in favour of a restaurant business, that a prevention of access clause in its policy was triggered by the Government-mandated lockdowns arising from Covid-19 in 2020 and 2021. Given the importance of this case for policyholders, we analyse the court’s findings in further detail below.

Spire Healthcare Limited v Royal & Sun Alliance Insurance Limited [2022] EWCA Civ 17: This decision is the latest word on the interpretation of “aggregation clauses” in insurance policies that require a policyholder to aggregate similar or related losses into a single claim against the insurer, which is then subject to a liability cap on each claim. The Court of Appeal held that several claims against the policyholder could be aggregated into one claim against the insurer on the basis that there was “one source or original cause” of the policyholder’s loss. As a result, the policyholder’s recovery was limited to £10 million, the policy limit per claim.Continue Reading Half Year Review: Insurance Coverage Litigation (H1 2022)