Dunlop Haywards (DHL) Ltd. & Anor v Erinaceous Insurance Services Ltd [2008] EWHC 520 (Comm) (01 April 2008)

Dunlop Haywards (DHL) Ltd. & Anor v Erinaceous Insurance Services Ltd [2008] EWHC 520 (Comm) (01 April 2008)

The court refused joinder of Excess Insurers as HPC's rectification claim was so weak it did not justify their involvement, and construction claims could be tried separately if needed. Forbes' summary judgment/strike-out application was dismissed as HPC had a real prospect of success in establishing breaches of...

Source-derived case information.

Citation
[2008] EWHC 520 (Comm)
Parties
Claimant: Dunlop Haywards (DHL) Limited (formerly known as Dunlop Heywood Lorenz Limited); Claimant: Erinaceous Commercial Property Services Limited (formerly known as Dunlop Haywards Limited); Defendant/part 20 Claimant: Erinaceous Insurance Services Limited (formerly known as Hanover Park Commercial Limited); Part 20 Defendant: Lockton Companies International Limited (formerly known as Alexander Forbes Risk Services UK 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 Court Claim / Interlocutory Applications: Joinder and Summary Judgment/strike Out
Outcome
Joinder application refused; summary judgment/strike-out application dismissed.
Legal Topics
Professional Indemnity Insurance, Broker Liability, Policy Construction, Rectification, Duty of Care, Estoppel, Joinder of Parties, Summary Judgment
Insurance Law Contract Law Tort Law Civil Procedure Professional Indemnity Insurance Broker Liability Policy Construction Rectification +4 more

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Parties

Dunlop Haywards (DHL) Limited (formerly known as Dunlop Heywood Lorenz Limited)

Claimant

Erinaceous Commercial Property Services Limited (formerly known as Dunlop Haywards Limited)

Claimant

Erinaceous Insurance Services Limited (formerly known as Hanover Park Commercial Limited)

Defendant/part 20 Claimant

Lockton Companies International Limited (formerly known as Alexander Forbes Risk Services UK 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 Court Claim / Interlocutory Applications: Joinder and Summary Judgment/strike Out

Legal Issues

  1. 1 Whether Excess Insurers should be joined as parties under CPR 19.2(2)
  2. 2 Whether HPC's claims for rectification and construction of the excess policy are seriously arguable
  3. 3 Whether Forbes is liable to HPC for breach of contract and/or duty of care in placing excess cover

Ratio Decidendi

The court refused joinder of Excess Insurers as HPC's rectification claim was so weak it did not justify their involvement, and construction claims could be tried separately if needed. Forbes' summary judgment/strike-out application was dismissed as HPC had a real prospect of success in establishing breaches of contract and duty of care, and the evidence supported arguable claims against Forbes.

Court Disposition

Joinder application refused; 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; Part 20 claim proceeds