000 01602cam a2200229 4500
001 ABS67745
008 040507n2004 000 0 eng u
035 _a(Sirsi) u126140
100 _aOlubajo, A.
245 _aPervasive insurable interest: a reappraisal
260 _c2004
490 _aConstruction Law Journal
_v20(2) 2004, 45-57(13)
520 _aArgues that the finding of a pervasive insurable interest is inconsistent with the doctrine of insurable interest. This doctrine is generally understood to operate in English insurance law and suggests the time has come for the courts to repudiate the concept. Cites the decision in "Cooperative Retail Services Ltd v Taylor Young Partnership Ltd and others" ([2002] UKHL 17, Abs65789), where the employer under a construction contract insured liability for damage to the project in the joint names of all contractors and subcontractors and no contribution could be claimed from any of them, directly or by subrogation, for insured losses. Suggests in future co-insured should not have a pervasive insurable interest in the whole of the insured property and advocates relying on the reasoning in the "Cooperative" case, whereby, in the contract between the co-insured, a term implies the parties will not sue one another in the event that one causes damage to their common project.
590 _aABS
590 _aABS
650 _aSUBROGATION
650 _aCO-OPERATIVE RETAIL SERVICES LTD V TAYLOR YOUNG PARTNERSHIP
650 _aALL RISK INSURANCE
650 _aINSURABLE INTERESTS
690 _aINSURANCE-CASE LAW
942 _n0
999 _c117323
_d117323