Hitchins (Hatfield) Ltd v The Prudential Assurance Co Ltd
Hitchins (Hatfield) Ltd v The Prudential Assurance Co Ltd
- 1991
- Chartered Surveyor Weekly 35(6) 9 May 1991, 58(1) .
CA 27 March 1991. A case regarding the interpretation of wording of a contractor`s combined insurance policies covering, among other things, loss to the contractor arising out of a `defect in design` subject to a proviso excluding costs of redesign. The court held that the words `defectively designed` connote activity on behalf of the designer, so the insurer cannot raise a defence of defective design to a claim of redesigning costs without proving negligence or fault on behalf of the contractor.
CONTRACTORS POLICIES
DESIGN DEFECTS
LIABILITY
CA 27 March 1991. A case regarding the interpretation of wording of a contractor`s combined insurance policies covering, among other things, loss to the contractor arising out of a `defect in design` subject to a proviso excluding costs of redesign. The court held that the words `defectively designed` connote activity on behalf of the designer, so the insurer cannot raise a defence of defective design to a claim of redesigning costs without proving negligence or fault on behalf of the contractor.
CONTRACTORS POLICIES
DESIGN DEFECTS
LIABILITY