Frasca-Judd v Golovina [2016] EWHC 497 (QB) (05 February 2016)

Frasca-Judd v Golovina [2016] EWHC 497 (QB) (05 February 2016)

On the proper construction of the tenancy agreement, the landlord covenanted to insure the premises for the benefit of both parties, and the risk of loss or damage from insured risks (including those caused by the tenant's breach or negligence) was allocated to the landlord's insurance. Therefore, the landlord (and...

Source-derived case information.

Citation
[2016] EWHC 497 (QB)
Parties
Claimant: Elizabeth Ann Frasca-Judd; Defendant: Galina Golovina
Jurisdiction
England and Wales
Judgment Date
05 February 2016
Procedural Posture
High Court Civil Claim (queen's Bench Division) / Judgment After Trial and Appeal on Summary Judgment/strike Out
Outcome
Claim dismissed
Legal Topics
Subrogation, Allocation of Risk in Tenancy Agreements, Landlord's Covenant to Insure, Tenant's Liability for Insured Risks, Construction of Tenancy Agreements
Landlord and Tenant Insurance Law Contract Law Tort (negligence) Subrogation Allocation of Risk in Tenancy Agreements Landlord's Covenant to Insure Tenant's Liability for Insured Risks +1 more

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Parties

Elizabeth Ann Frasca-Judd

Claimant

Galina Golovina

Defendant

Procedural Posture

High Court Civil Claim (queen's Bench Division) / Judgment After Trial and Appeal on Summary Judgment/strike Out

Legal Issues

  1. 1 Whether the landlord (or its insurer by subrogation) can recover damages from the tenant for loss caused by an insured risk (flood) where the tenancy agreement contains a landlord's covenant to insure for the benefit of both parties
  2. 2 Whether the claim for damages for breach of clause 2.3.12 and/or negligence is precluded by the terms of the tenancy agreement and the Rowlands principle

Ratio Decidendi

On the proper construction of the tenancy agreement, the landlord covenanted to insure the premises for the benefit of both parties, and the risk of loss or damage from insured risks (including those caused by the tenant's breach or negligence) was allocated to the landlord's insurance. Therefore, the landlord (and its insurer by subrogation) cannot recover damages from the tenant for such losses. The claim is precluded by the Rowlands principle.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed in full; subrogated insurer's claim fails
  • Costs to be determined as per the judgment (Master's order stands unless overturned on costs appeal)