All risks insurance and computer data - 'policy' considerations in the Court of Appeal: Tektrol v International Insurance [2005] EWCA 845

摘要

In Tektrol v International Insurance, the Court of Appeal was required to consider the interpretation of insurance policies covering the loss of computer data. The insured's operation was dependent in part on a 'source code', related to its energy-saving products. The insurance contract was, at first sight, a commercial 'all risks' policy, which included cover for consequential losses such as interruption of the insured's business. However, the extensive nature of the initial cover was much reduced by a number of express exclusions. The litigation turned on whether any of these exclusions were operative.