Rexodan International Ltd v Commercial Union Assurance Company Plc & Anor [1997] EWCA Civ 2680 (7th November, 1997)

Rexodan International Ltd v Commercial Union Assurance Company Plc & Anor [1997] EWCA Civ 2680 (7th November, 1997)

None of the heads of damage claimed by Rexodan fell within the scope of the insurance policy's indemnity, either because they were not 'in respect of' an occurrence as defined or because they were excluded by clause H. The policy did not cover general contractual liabilities or deterioration of the supplied goods themselves.

Citation
[1997] EWCA Civ 2680
Parties
Plaintiff/respondent: Rexodan International Ltd; First Defendant/appellant: Commercial Union Assurance Company plc; Second Defendant: Whiteley Henshaw Hindle Ltd
Jurisdiction
England and Wales
Procedural Posture
Appeal / Court of Appeal (civil Division) Decision on Appeal From Trial Judgment
Outcome
Appeal allowed. Cross-appeal dismissed. Judgment entered for the Insurance Company.
Legal Topics
Products Liability, Policy Interpretation, Exclusion Clauses, Indemnity, Damages Assessment
Insurance Law Contract Law Products Liability Policy Interpretation Exclusion Clauses Indemnity Damages Assessment

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Parties

Rexodan International Ltd

Plaintiff/respondent

Commercial Union Assurance Company plc

First Defendant/appellant

Whiteley Henshaw Hindle Ltd

Second Defendant

Procedural Posture

Appeal / Court of Appeal (civil Division) Decision on Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the insurance policy covered Rexodan's liability to Newbrite for damages arising from defective goods supplied
  2. 2 Interpretation of 'in respect of' in the policy's indemnity clause
  3. 3 Application of exclusion clause H (Damage to Goods Supplied) to the claims

Ratio Decidendi

None of the heads of damage claimed by Rexodan fell within the scope of the insurance policy's indemnity, either because they were not 'in respect of' an occurrence as defined or because they were excluded by clause H. The policy did not cover general contractual liabilities or deterioration of the supplied goods themselves.

Court Disposition

Appeal allowed. Cross-appeal dismissed. Judgment entered for the Insurance Company.

Orders

  • Judgment for Commercial Union Assurance Company plc
  • Rexodan's claims for indemnity under the policy dismissed