Interpretation of "Series"-Based Aggregation Clauses: When Can the Insurance Claims be Aggregated?

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Abstract

Aggregation clauses used in insurance contracts play important roles to limit the insurers’ liability by capping the deductible to be borne by the assured and the financial ceiling of the policy. This paper evaluates the inconsistent interpretation of an increasingly important group of aggregation wordings, namely, “series of related” by the courts of England and Wales and some Commonwealth jurisdiction so far. The author also submits four interplayed elements which need to be given greater consideration by the courts to facilitate a more certain and predictable basis of aggregation by “series of related events”.
Original languageEnglish
JournalJournal of Business Law
Publication statusAccepted/In press - 12 Mar 2020

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