[2008] EWCA Civ 286, 2 April 2008. Appeal by employer (R) against a decision ([2007] EWHC 3159 (TCC), L140195) that respondent contractor (T) was relieved of liability for its negligence where the contract provided for R to maintain insurance in joint names. R had engaged T to install a sprinkler system and clause 13.5 of the contract required R to maintain joint names insurance cover for specified perils, including bursting of water pipes. The issue was whether T was liable to R in respect of the damage to existing structures following a flood caused by a water pipe bursting. T claimed, and the judge agreed, that T was relieved of liability for its negligence because the contract provided for joint names insurance. R submitted that under the express terms of the contract T was obliged to indemnify R against any damage caused by its negligence and that the provision for joint names insurance did not expressly exclude liability that otherwise fell on T under the contract. "Held": appeal allowed. The opening phrase of clause 13.5 was not intended to give T or any individual contractor separate liability insurance in respect of the existing structures outside the area of its own works.