Summers and another v Congreve Horner & Co (Independent Insurance Co Ltd, third party)
Summers and another v Congreve Horner & Co (Independent Insurance Co Ltd, third party)
- 1992
- Estates Gazette (1992) 40 EG 144-151(4) .
CA 8 July 1992. In February 1989 the plaintiffs were buying a house and engaged the defendant surveyors, C, to survey the house and produce a report. After purchase of the house S discovered damp and dry rot which was not mentioned in the report. C turned to their liability insurers who said that the claim was not covered because of a clause on the policy excluding liability for work done by unqualified employees in certain circumstances. The Official Referee ordered a subtrial of the dispute and held that the claim was not covered by the policy. C appealed. It was held that `supervision` as required under the policy did not mean that the qualified person need attend the site even for a short period. The supervision given to the trainee considering his experience and stage of training had been adequate. One judge of the three did however dissent.
BUILT ENVIRONMENT-BUILDING PATHOLOGY-INFESTATION (FUNGAL)-FUNGI-DRY ROT
INSURANCE POLICIES
Insurance
NEGLIGENCE
PROFESSIONAL INDEMNITY INSURANCE
STRUCTURAL SURVEY
TRAINEE SURVEYORS
UNQUALIFIED SURVEYORS
CA 8 July 1992. In February 1989 the plaintiffs were buying a house and engaged the defendant surveyors, C, to survey the house and produce a report. After purchase of the house S discovered damp and dry rot which was not mentioned in the report. C turned to their liability insurers who said that the claim was not covered because of a clause on the policy excluding liability for work done by unqualified employees in certain circumstances. The Official Referee ordered a subtrial of the dispute and held that the claim was not covered by the policy. C appealed. It was held that `supervision` as required under the policy did not mean that the qualified person need attend the site even for a short period. The supervision given to the trainee considering his experience and stage of training had been adequate. One judge of the three did however dissent.
BUILT ENVIRONMENT-BUILDING PATHOLOGY-INFESTATION (FUNGAL)-FUNGI-DRY ROT
INSURANCE POLICIES
Insurance
NEGLIGENCE
PROFESSIONAL INDEMNITY INSURANCE
STRUCTURAL SURVEY
TRAINEE SURVEYORS
UNQUALIFIED SURVEYORS