Oakapple Homes (Glossop) Ltd v DTR (2009) Ltd & Ors [2013] EWHC 2394 (TCC) (31 July 2013)

Oakapple Homes (Glossop) Ltd v DTR (2009) Ltd & Ors [2013] EWHC 2394 (TCC) (31 July 2013)

DTR cannot defend warranty claims on the basis of Oakapple Construction's contributory negligence, and Exclusion 5.9 does not entitle insurers to decline indemnity for liability under collateral warranties as the benefit is not greater or longer lasting than the original contract.

Source-derived case information.

Citation
[2013] EWHC 2394 (TCC)
Parties
Claimant: Oakapple Homes (Glossop) Limited; First Defendant: DTR (2009) Limited (in liquidation); Second Defendant: Ian Robert (Liquidator of DTR (2009) Limited); Third Defendant: SJ Catlin Syndicate 2003 at Lloyd's, QBE Casualty Syndicate 386 at Lloyd's, Mitsui Syndicate 3210 at Lloyd's
Jurisdiction
England and Wales
Judgment Date
31 July 2013
Procedural Posture
Insurance Coverage Dispute / Judgment on Insurance Issues
Outcome
Coverage under the policy exists for liability arising under the collateral warranties; DTR cannot rely on contributory negligence; insurers cannot decline indemnity under Exclusion 5.9.
Legal Topics
Professional Indemnity Insurance, Collateral Warranties, Contributory Negligence, Policy Exclusions, Novation of Contracts
Insurance Law Construction Law Contract Law Professional Indemnity Insurance Collateral Warranties Contributory Negligence Policy Exclusions Novation of Contracts

Source-derived case record

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Parties

Oakapple Homes (Glossop) Limited

Claimant

DTR (2009) Limited (in liquidation)

First Defendant

Ian Robert (Liquidator of DTR (2009) Limited)

Second Defendant

SJ Catlin Syndicate 2003 at Lloyd's, QBE Casualty Syndicate 386 at Lloyd's, Mitsui Syndicate 3210 at Lloyd's

Third Defendant

Procedural Posture

Insurance Coverage Dispute / Judgment on Insurance Issues

Legal Issues

  1. 1 Whether DTR can defend warranty claims on the basis of Oakapple Construction's contributory negligence
  2. 2 Whether Exclusion 5.9 entitles insurers to decline indemnity for liability under collateral warranties

Ratio Decidendi

DTR cannot defend warranty claims on the basis of Oakapple Construction's contributory negligence, and Exclusion 5.9 does not entitle insurers to decline indemnity for liability under collateral warranties as the benefit is not greater or longer lasting than the original contract.

Court Disposition

Coverage under the policy exists for liability arising under the collateral warranties; DTR cannot rely on contributory negligence; insurers cannot decline indemnity under Exclusion 5.9.

Orders

  • Coverage confirmed under the policy for collateral warranty liability.
  • DTR not entitled to defend warranty claims based on contractor's contributory negligence.