||All England Reporter
|| All ER (D) 303 (May)
||Queen's Bench Division (Leeds District Registry, Mercantile List)
Judge Behrens sitting as a judge of the High Court
||Stephen Howd (instructed by Masons) for the claimant.
||Andrew Neish (instructed by Beachcroft Wansbroughs) for the defendant.
||8 May 2003
Insurance - Insurance policy - Construction - 'Loss' - Construction contract - Adjudication award - Claimant obtaining adjudication award against insolvent insured - Claimant seeking to recover from insurer - Nature of adjudication award - (Rights against Insurers) Act 1930, s 1 - Housing Grants Construction and Regeneration Act 1996.
Having regard to the terms of the policy of insurance between the defendant Lloyd's syndicate and an insolvent insured, and adjudication award obtained by the claimant against the insured was not an absolute obligation and an indemnity did not arise under the policy in respect of that award until the adjudication award was enforced by a judgment of the court or by agreement. Accordingly the claim against the defendant under the terms of the fell to be dismissed.
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