000 01705cab a2200277 4500
001 ABS47332
008 090401t1992 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u61641
041 _aeng
245 _aSummers and another v Congreve Horner & Co (Independent Insurance Co Ltd, third party)
260 _c1992
350 _a0
490 _aEstates Gazette
_v(1992) 40 EG 144-151(4)
520 _aCA 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.
650 _aBUILT ENVIRONMENT-BUILDING PATHOLOGY-INFESTATION (FUNGAL)-FUNGI-DRY ROT
650 _aINSURANCE POLICIES
650 _aInsurance
_96249
650 _aNEGLIGENCE
650 _aPROFESSIONAL INDEMNITY INSURANCE
650 _aSTRUCTURAL SURVEY
650 _aTRAINEE SURVEYORS
650 _aUNQUALIFIED SURVEYORS
690 _aMANAGEMENT-BUSINESS MANAGEMENT-PROFESSIONAL PRACTICE
942 _n0
948 _c04/03/1997
999 _c38231
_d38231