Mabey and Johnson Ltd. v Ecclesiastical Insurance Office Plc & Ors [2003] EWHC 1523 (Comm) (27 June 2003)

Mabey and Johnson Ltd. v Ecclesiastical Insurance Office Plc & Ors [2003] EWHC 1523 (Comm) (27 June 2003)

There were two separate and distinct contracts for the design and supply of bridges to Ghana (Ghana I and Ghana II), each involving separate design obligations and breaches. Therefore, there are two 'claims' under the insurance policy, not one.

Citation
[2003] EWHC 1523 (Comm)
Parties
Claimant: Mabey and Johnson Limited; Defendants: Ecclesiastical Insurance Office Plc and others
Jurisdiction
England and Wales
Judgment Date
27 June 2003
Procedural Posture
Commercial Insurance Dispute / Judgment After Trial on Preliminary Issue
Outcome
Judgment for the Claimant; two claims found under the policy.
Legal Topics
Professional Indemnity Insurance, Interpretation of 'claim' Under Insurance Policy, Contractual Construction, Negligence in Design Services
Insurance Law Contract Law Professional Indemnity Insurance Interpretation of 'claim' Under Insurance Policy Contractual Construction Negligence in Design Services

Case Brief

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Parties

Mabey and Johnson Limited

Claimant

Ecclesiastical Insurance Office Plc and others

Defendants

Procedural Posture

Commercial Insurance Dispute / Judgment After Trial on Preliminary Issue

Legal Issues

  1. 1 Whether there was one or two 'claims' under the insurance policy in respect of the Ghana bridge contracts
  2. 2 Whether there were one or two separate contracts for the design and supply of bridges to Ghana
  3. 3 Whether the design faults/negligence were common or separate for each contract

Ratio Decidendi

There were two separate and distinct contracts for the design and supply of bridges to Ghana (Ghana I and Ghana II), each involving separate design obligations and breaches. Therefore, there are two 'claims' under the insurance policy, not one.

Court Disposition

Judgment for the Claimant; two claims found under the policy.

Orders

  • Declaration that there are two claims for the purposes of the insurance policy indemnity limit.