The claimant had installed suspended ceilings in a new cinema complex. They took out insurance with the respondents, and now pursued a declaration as to the liability of the defendants under the policy. They had used the wrong washers, leading to a collapse of one ceiling, and a potential collapse of others. They sought to recover costs of re-instating the entire complex.
Held: The particular insurance contract had to be construed. In this case the liability extended to the physical damge which had actually occurred when the ceiling fell in, and any damages at law flowing from that collapse, but not the wider sums claimed.
Judges:
Deputy Judge Ian Glick QC
Citations:
[2003] EWHC 2110 (Comm)
Links:
Citing:
Cited – A S Screenprint Ltd v British Reserve Insurance Co Ltd CA 1999
The Plaintiffs were insured under a policy that indemnified them, ‘against all sums which the Insured shall become legally liable to pay in respect of . . loss or damage . . during the period of insurance and caused by goods (including containers) . . .
Cited – Rodan International Limited v Commercial Union CA 1999
The claimants sold bulk soap powder. The packager packed it in defective cardboard which caused it to cake. The buyer sought damages.for breach of contract against Rodan (i) for the difference between the sound value of the powder and its reduced . .
Cited by:
Appeal from – Horbury Building Systems Limited v Hampden Insurance Nv CA 7-Apr-2004
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Lists of cited by and citing cases may be incomplete.
Construction, Insurance
Updated: 08 June 2022; Ref: scu.186263