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Tyco Fire and Integrated Solutions (UK) Ltd (formerly Wormald Ansul (UK) Ltd) v Rolls-Royce Motor Cars Ltd (formerly Hireus Ltd) [electronic resource]

Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWHC 3159 (TCC), 29 June 2007. Considered the effect of a joint insurance policy on the express terms of a contract dealing with risk. Claimant (T) had entered into a contract with defendant (R) to design and install a fire protection system. The contract required R to maintain joint names insurance cover for specified perils, including overflowing of water from pipes, but the insurance not taken out. Before the completion of T's works, water leaked from a supply pipe. The matter was referred to adjudication, T was ordered to pay R a sum in respect of the damage, and T appealed. The issues were whether R had been obliged to maintain joint insurance with T, the extent of the risk to be covered by the insurance policy, and whether the requirement for R to provide joint insurance against this specified peril limited the scope of the contractual indemnity required under the clause 2.3 of the contract. "Held": judgment for T. Provision for joint insurance in the contract had the effect of displacing T's liability for negligence or breach of contract in relation to damage.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 140195-2001

[2007] EWHC 3159 (TCC), 29 June 2007. Considered the effect of a joint insurance policy on the express terms of a contract dealing with risk. Claimant (T) had entered into a contract with defendant (R) to design and install a fire protection system. The contract required R to maintain joint names insurance cover for specified perils, including overflowing of water from pipes, but the insurance not taken out. Before the completion of T's works, water leaked from a supply pipe. The matter was referred to adjudication, T was ordered to pay R a sum in respect of the damage, and T appealed. The issues were whether R had been obliged to maintain joint insurance with T, the extent of the risk to be covered by the insurance policy, and whether the requirement for R to provide joint insurance against this specified peril limited the scope of the contractual indemnity required under the clause 2.3 of the contract. "Held": judgment for T. Provision for joint insurance in the contract had the effect of displacing T's liability for negligence or breach of contract in relation to damage.