||All England Reporter
|| All ER (D) 230 (Feb)
|| EWHC 232 (QB)
||Queen's Bench Division
||Robert Lawson (instructed by Clyde & Co) for the claimant.
||Andrew Lydiard QC (instructed by Allen & Overy) for the defendant.
||13 February 2004
Contracts - Contractual term - Express term - Insurance of aircraft - Existence of term dealing with insurance.
Where the claimant had let an aircraft to the defendant pursuant to an oral agreement, on the evidence, it had never been a term of that agreement that the defendant's liabilities were covered by the claimant's insurance policy. It followed that the defendant was liable to the claimant for loss flowing from a crash in which the aircraft was lost.
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