Source: All England Reporter
Publisher Citation: [2011] All ER (D) 147 (Jun)
Neutral Citation: [2011] EWHC 1520 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Christopher Clarke J
Representation Dominic Kendrick QC and Josephine Higgs (instructed by Clyde & Co) for the claimants.
  Sioban Healy QC and Jessica Sutherland (instructed by Freshfields Bruckhaus Deringer LLP) for the defendant.
Judgment Dates: 17 June 2011

Catchwords

INSURANCE - LIABILITY INSURANCE - PROFESSIONAL INDEMNITY INSURANCE - CONSTRUCTION OF INDEMNITY CLAUSE - INDEMNITY AGAINST CONSEQUENCE OF OWN NEGLIGENCE - DEED OF INDEMNITY RELATING TO SALE OF COMPANIES TO THIRD PARTY - EXCESS PROVISION AMENDED TO COVER 'CLAIM AND/OR CLAIMANT' - LARGE NUMBER OF SMALL CLAIMS MADE AGAINST THIRD PARTY - DEFENDANT SEEKING INDEMNITY UNDER DEED OF INSURANCE - WHETHER DEFENDANT LIABLE UNDER DEED - WHETHER DEFENDANT'S CLAIM FALLING WITHIN SCOPE OF CONTRACTS OF INSURANCE.

The Case

INSURANCE LIABILITY INSURANCE. The Queen's Bench Division of the Commercial Court held that on the true construction of a deed of indemnity, the defendant company would not be liable to a company to whom it had sold a group of insurance broking companies under that deed, and that the claimant insurers would be entitled to declarations that they would not be liable to indemnify the defendant under those contracts of insurance.

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