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UK Court of Appeal upholds ‘pay first’ clause in marine liability policy

Court’s judgment provides strong support that a well-drafted pay first condition precedent will be given effect, will survive a section 1 transfer under the 2010 act for non-personal injury liabilities and will not lightly be read down as inconsistent with an insuring clause

‘Pay first’ remains an enforceable, market‑standard qualification to indemnity in marine liability policies

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