Rights and remedies
Language: English Series: Contract Journal ; 433(6578) 7 June 2006, 34(1)Publication details: 2006Subject(s): Summary: Gives the facts of, and comments upon, "Enterprise Oil Ltd v Strand Insurance Co Ltd" ([2006], EWHC 58 Comm, L133894), where the issue to be decided was whether a settlement agreement can be used to ascertain loss in the context of a subsequent insurance claim. The decision makes it clear that such an agreement is no more than evidence of a loss that may be claimed under an insurance policy. If the agreement is challenged, the question of whether there has been a loss covered by the policy may be decided on extrinsic evidence.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L133896 (Browse shelf(Opens below)) | 1 | Available | 133896-1001 |
Gives the facts of, and comments upon, "Enterprise Oil Ltd v Strand Insurance Co Ltd" ([2006], EWHC 58 Comm, L133894), where the issue to be decided was whether a settlement agreement can be used to ascertain loss in the context of a subsequent insurance claim. The decision makes it clear that such an agreement is no more than evidence of a loss that may be claimed under an insurance policy. If the agreement is challenged, the question of whether there has been a loss covered by the policy may be decided on extrinsic evidence.