000 01972cad a22001935a 4500
001 L143201
008 070911e20080402xxk f v 000 0 eng d
035 _a(Sirsi) u143201
041 0 _aeng
245 0 0 _aTyco Fire and Integrated Solutions (UK) Ltd (formerly Wormald Ansul (UK) Ltd) v Rolls-Royce Motor Cars Ltd (formerly Hireus Ltd)
_h[electronic resource]
260 _c2008
520 _a[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.
590 _aKA
650 2 4 _aTYCO FIRE AND INTEGRATED SOLUTIONS (UK) LTD V ROLLS-ROYCE MOTOR CARS LTD
651 4 _aEngland and Wales
_y1543-
690 _aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2008/286.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c80089
_d80089