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Tesco Stores Ltd v Constable and others [electronic resource]

Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWHC 2088 (Comm) QBD (Comm) 14 September 2006 Folio no.1367. Public liability insurance may not provide complete protection for property developers against claims for financial loss by third parties. A newly built Tesco store over a railway line ended in disaster when the tunnel collapsed. Tesco had to pay compensation to the railway operator for the loss of future custom as well as for immediate lost business. Tesco's insurer refused to pay for the loss of future custom. Tecso sued its insurer. Issues: whether the policy covered the claims in the contract, and whether it extended to damage to third parties which would have given rise to a claim for tort. Held: the insurer was not liable for these additional damages. Public liability policies do not usually cover against liability in contract for financial loss. Meaning of "liable at law" had to be interpreted in the context of the policy as a whole, and thus covered claims in tort and not contract.

[2007] EWHC 2088 (Comm) QBD (Comm) 14 September 2006 Folio no.1367. Public liability insurance may not provide complete protection for property developers against claims for financial loss by third parties. A newly built Tesco store over a railway line ended in disaster when the tunnel collapsed. Tesco had to pay compensation to the railway operator for the loss of future custom as well as for immediate lost business. Tesco's insurer refused to pay for the loss of future custom. Tecso sued its insurer. Issues: whether the policy covered the claims in the contract, and whether it extended to damage to third parties which would have given rise to a claim for tort. Held: the insurer was not liable for these additional damages. Public liability policies do not usually cover against liability in contract for financial loss. Meaning of "liable at law" had to be interpreted in the context of the policy as a whole, and thus covered claims in tort and not contract.