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All-risk insurance

By: Series: Contract Journal ; 423(6478) 3 June 2004, 42(1)Publication details: 2004Subject(s): Summary: Discusses "BP Exploration Operating Co Ltd v Kvaerner Oilfield Products Ltd and another" ([2004] EWHC 999 (Comm); [2004] AII ER (D) 87 (May)), which examined whether a contractor will be protected as an insured party under a construction all-risks policy procured by the operator. The dispute arose out of development works carried out by Kvearner (K) for BP at the North Sea oil fields. When faults were discovered, BP alleged the faults had given rise to physical loss or damage to adjacent equipment. Part of the total claim of more than £13.5m insurance claim was paid under an all-risks policy. The insurer commenced proceedings against K under its subrogation rights. K claimed it should be covered by the same policy as BP. The essential issue to be determined were whether BP, under its contract with K, undertook to procure insurance cover for K which was sufficiently extensive in scope to cover the loss and damage claimed by BP against K. Concludes K was entitled to the benefit of the insurance cover provided by BP's policy and that the subrogated claim made by the insurer would fail, because BP was obliged to provide K with an all-risks policy which was co-extensive with that which was available to BP.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS67941 (Browse shelf(Opens below)) 1 Available 126592-1001

Discusses "BP Exploration Operating Co Ltd v Kvaerner Oilfield Products Ltd and another" ([2004] EWHC 999 (Comm); [2004] AII ER (D) 87 (May)), which examined whether a contractor will be protected as an insured party under a construction all-risks policy procured by the operator. The dispute arose out of development works carried out by Kvearner (K) for BP at the North Sea oil fields. When faults were discovered, BP alleged the faults had given rise to physical loss or damage to adjacent equipment. Part of the total claim of more than £13.5m insurance claim was paid under an all-risks policy. The insurer commenced proceedings against K under its subrogation rights. K claimed it should be covered by the same policy as BP. The essential issue to be determined were whether BP, under its contract with K, undertook to procure insurance cover for K which was sufficiently extensive in scope to cover the loss and damage claimed by BP against K. Concludes K was entitled to the benefit of the insurance cover provided by BP's policy and that the subrogated claim made by the insurer would fail, because BP was obliged to provide K with an all-risks policy which was co-extensive with that which was available to BP.