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 property for the benefit of both parties, and the risk of loss from insured risks (including those caused by the tenant's breach or negligence) was allocated to the insurance policy. The landlord (and its insurer by...

Source-derived case information.

Citation
[2016] EWHC 497
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 Liability for Insured Risks, Construction of Tenancy Agreements, Negligence, Breach of Contract
Landlord and Tenant Insurance Law Contract Law Tort Law Subrogation Allocation of Risk in Tenancy Agreements Landlord's Covenant to Insure Tenant Liability for Insured Risks +3 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 terms of the tenancy agreement allocate risk such that the landlord's sole remedy is under the insurance policy and not against the tenant in damages for breach of contract or negligence

Ratio Decidendi

On the proper construction of the tenancy agreement, the landlord covenanted to insure the property for the benefit of both parties, and the risk of loss from insured risks (including those caused by the tenant's breach or negligence) was allocated to the insurance policy. The landlord (and its insurer by subrogation) is precluded from recovering damages from the tenant for such loss. The subrogated claim fails.

Court Disposition

Claim dismissed

Orders

  • Claimant's claim for damages against the defendant is dismissed.
  • No order for damages against the defendant tenant for insured risk losses.