Shinedean Ltd. v Alldown Demolition (London) Ltd & Anor [2005] EWHC 2319 (TCC) (28 October 2005)

Shinedean Ltd. v Alldown Demolition (London) Ltd & Anor [2005] EWHC 2319 (TCC) (28 October 2005)

The claims co-operation clauses are conditions precedent to liability, but compliance within a reasonable time suffices; Alldown ultimately complied and no breach was found, so Axa cannot decline indemnity.

Citation
[2005] EWHC 2319 (TCC)
Parties
Claimant: Shinedean Limited; First Defendant: Alldown Demolition (London) Limited (In liquidation); Second Defendant: AXA Insurance UK PLC
Jurisdiction
England and Wales
Judgment Date
28 October 2005
Procedural Posture
Insurance/contribution Claim / Preliminary Issues Determination
Outcome
Preliminary issues determined; no breach found; insurer not entitled to decline indemnity.
Legal Topics
Claims Co Operation Clauses, Condition Precedent, Indemnity, Third Parties (rights Against Insurers) Act 1930, Civil Liability (contribution) Act 1978
Insurance Law Civil Procedure Construction Law Claims Co Operation Clauses Condition Precedent Indemnity Third Parties (rights Against Insurers) Act 1930 Civil Liability (contribution) Act 1978

Case Brief

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Parties

Shinedean Limited

Claimant

Alldown Demolition (London) Limited (In liquidation)

First Defendant

AXA Insurance UK PLC

Second Defendant

Procedural Posture

Insurance/contribution Claim / Preliminary Issues Determination

Legal Issues

  1. 1 Whether Alldown was in breach of claims co-operation conditions in the policy
  2. 2 Whether compliance with the claims co-operation clause is a condition precedent to Axa's liability to indemnify Alldown
  3. 3 Whether Axa is entitled to decline to indemnify as a result of any such breaches by Alldown

Ratio Decidendi

The claims co-operation clauses are conditions precedent to liability, but compliance within a reasonable time suffices; Alldown ultimately complied and no breach was found, so Axa cannot decline indemnity.

Court Disposition

Preliminary issues determined; no breach found; insurer not entitled to decline indemnity.

Orders

  • No order as to breach; insurer must provide indemnity if other conditions are met.