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Home > ATE Caselaw > Armstead v Royal and Sun Alliance Insurance Company Limited (2024)

Armstead v Royal and Sun Alliance Insurance Company Limited (2024)

Armstead v Royal and Sun Alliance Insurance Company Limited (2024)

 

Background

 

The claimant, Ms Armstead, hired a car on credit terms from Helphire after her own vehicle was damaged in a non-fault accident in 2015.

 

Whilst driving the hire car, Ms Armstead was involved in a further accident.  The terms of the hire included a liability to pay the daily hire charge for any days where the hire car was rendered unavailable as a result of damage whilst in possession of the hirer.  Liability was admitted by RSA, the insurers of the person who caused the second accident,  and therefore the claimant sought to recover the daily contractual charge from RSA.

 

The Issues

 

The issue for the Supreme Court was whether the contractual charge was an irrecoverable loss either because it could be classed as “pure economic loss” or because it was considered too remote.

 



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