Tag: property damage
Showing 12 out of 12 results
Court of Appeal applies Wayne Tank principle: if there are two concurrent causes of loss and one is excluded, then no cover
Application of policy definition of "damage" results in no cover for pandemic losses
When is a cause a proximate cause?
Court of Appeal considers presumption of proximate cause in exclusion
COURT OF APPEAL CONFIRMS INDEMNITY TO BE AWARDED ON A REINSTATEMENT BASIS FOR DAMAGED PROPERTY WHICH HAD NOT BEEN REINSTATED
Endurance Corporate Capital Limited v Sartex Quilts & Textiles Limited [2020] EWCA Civ 308 The Court of Appeal recently dismissed the insurer’s …
High Court awards indemnity on a reinstatement basis for damaged property which had not been reinstated
In Sartex Quilts & Textiles Limited v Endurance Corporate Capital Limited [2019] EWHC 1103 (Comm), David Railton QC sitting as a Deputy High Court …
Brokers’ negligence – guidance on the scope of the duty and causation
In Dalamd Limited v Butterworth Spengler Commercial Limited [2018] EWHC 2558 (Comm), Mr Justice Butcher considered a negligence claim against the …
Reminder to brokers of the need to advise insureds on policy terms
In RR Securities Ltd v Towergate Underwriting Group Ltd [2016] the Court held a broker liable for failing to advise its insured client that certain …
Court of Appeal confirms insured's entitlement to a declaration of indemnity for cost of reinstatement of property damaged by fire
In Great Lakes Reinsurance (UK) SE v Western Trading Limited [2016] EWCA Civ 1003 the Court of Appeal confirmed that the court may make a declaration …
Supreme Court rules that a "collateral lie" is immaterial to the insurance claim
In Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG and Others [2016] UKSC 45, the Supreme Court held that policyholders who …
Insurer's subrogation rights in relation to leasehold premises revisited
In Elizabeth Frasca-Judd v Galina Golovina [2016] EWHC 497 (QB), the High Court has held, applying Mark Rowlands v Berni Inns Limited …
A "blot on English insurance law"
Insurers successfully avoided a policy on the grounds of inadvertent non-disclosure. The High Court commented on the different outcome that would have …