In this article we provide a detailed analysis of the UK Supreme Court decision and how in reality it dealt with the “pervasive” argument and how the Orient Express Hotel decision was more or less overruled.
The upshot of the decision was that Policies with radius cover were more than likely to apply as were those with denial of access on a non-damage basis provided they did not refer specifically to listed diseases etc.
For details of the article contact Alan FitzGerald.