Summers and another v Congreve Horner & Co (Independent Insurance Co Ltd, third party)
Language: English Series: Estates Gazette ; (1992) 40 EG 144-151(4)Publication details: 1992Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS47332 (Browse shelf(Opens below)) | 1 | Available | 61641-1001 |
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.