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Hitchins (Hatfield) Ltd v The Prudential Assurance Co Ltd

Language: English Series: Chartered Surveyor Weekly ; 35(6) 9 May 1991, 58(1)Publication details: 1991Subject(s): Summary: 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.

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.