Rights and remedies
Brewer, Geoff
Rights and remedies - 2006 - Contract Journal 433(6578) 7 June 2006, 34(1) .
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.
ENTERPRISE OIL LTD V STRAND INSURANCE CO LTD
LUMBERMAN'S MUTUAL CASUALTY COMPANY V BOVIS LEND LEASE LTD
England and Wales--1543-
Rights and remedies - 2006 - Contract Journal 433(6578) 7 June 2006, 34(1) .
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.
ENTERPRISE OIL LTD V STRAND INSURANCE CO LTD
LUMBERMAN'S MUTUAL CASUALTY COMPANY V BOVIS LEND LEASE LTD
England and Wales--1543-