Dunlop Haywards (DHL) Ltd. & Anor v Erinaceous Insurance Services Ltd

Dunlop Haywards (DHL) Ltd. & Anor v Erinaceous Insurance Services Ltd

The court refused to join the Excess Insurers as parties because the rectification claim was too weak and it was not desirable to join them for construction claims when no claim was made against them. Forbes' summary judgment/strike out application was dismissed because HPC had a real prospect of establishing breaches of contract and duty of care by Forbes, and the issues should proceed to trial.

Parties
Claimant: Dunlop Haywards (DHL) Limited; Claimant: Erinaceous Commercial Property Services Limited; Defendant/part 20 Claimant: Erinaceous Insurance Services Limited; Part 20 Defendant: Lockton Companies International Limited; Interested Party: Excess Insurers (Mitsui Sumitomo Insurance Underwriting at Lloyds Ltd, Württembergische Verischerung AG, WR Berkley Insurance (Europe) Ltd, Markel International Insurance Company Ltd, Ace Europe Group Ltd, D A Constable and others)
Jurisdiction
England and Wales
Judgment Date
01 April 2008
Procedural Posture
Commercial / Ruling on Joinder and Summary Judgment/strike Out Applications
Outcome
HPC's application to join Excess Insurers refused; Forbes' summary judgment/strike out application dismissed.
Legal Topics
Joinder of Parties, Rectification of Contract, Construction of Insurance Policies, Breach of Contract, Duty of Care, Summary Judgment, Estoppel
Insurance Law Contract Law Professional Negligence Joinder of Parties Rectification of Contract Construction of Insurance Policies Breach of Contract Duty of Care +2 more

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Parties

Dunlop Haywards (DHL) Limited

Claimant

Erinaceous Commercial Property Services Limited

Claimant

Erinaceous Insurance Services Limited

Defendant/part 20 Claimant

Lockton Companies International Limited

Part 20 Defendant

Excess Insurers (Mitsui Sumitomo Insurance Underwriting at Lloyds Ltd, Württembergische Verischerung AG, WR Berkley Insurance (Europe) Ltd, Markel International Insurance Company Ltd, Ace Europe Group Ltd, D A Constable and others)

Interested Party

Procedural Posture

Commercial / Ruling on Joinder and Summary Judgment/strike Out Applications

Legal Issues

  1. 1 Whether Excess Insurers should be joined as parties under CPR 19.2(2)
  2. 2 Whether the excess insurance policy should be rectified or construed to cover valuation activities
  3. 3 Whether Forbes breached contractual or tortious duties owed to HPC and/or the claimants

Ratio Decidendi

The court refused to join the Excess Insurers as parties because the rectification claim was too weak and it was not desirable to join them for construction claims when no claim was made against them. Forbes' summary judgment/strike out application was dismissed because HPC had a real prospect of establishing breaches of contract and duty of care by Forbes, and the issues should proceed to trial.

Court Disposition

HPC's application to join Excess Insurers refused; Forbes' summary judgment/strike out application dismissed.

Orders

  • Excess Insurers not joined as parties under CPR 19.2(2).
  • Forbes' application for summary judgment/strike out dismissed.