Where a liability insurance policy contained an exclusion in respect of “any liability arising under a contract unless such liability would have attached in the absence of such a contract”, a judgment that the insured was liable for breach of contract did not foreclose the question as to whether there was also tortious liability which came within the cover. The insured would have been liable in negligence in the absence of a contract and the insurer failed to discharge the burden of showing that the exception to the exclusion clause was inapplicable (Omega Proteins Ltd v Aspen Insurance UK Ltd www.bailii.org/ew/cases/EWHC/Comm/2010/2280.html).