In this case, the Insured WTX Ltd have had an accident in the water taxi and have two policies in force covering the same loss on the day of the accident. wTX have dual insurance in place at the time of the loss.

Both insurers cannot decline the claim as the insured has paid for both policies and should be afforded the cover although CD DAC have a non contribution clause in their policy, it would unlikely, basded on the mutual v hayden case that they would be able to repudiate the claim brought by the insured full due to such a clause. CD DAC would more than not have to cover their portion of the loss