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No subrogated claim against co-insured (High Court)
Practical Law UK Legal Update Case Report 4-628-6706 (Approx. 7 pages)
No subrogated claim against co-insured (High Court)
by Michael James, author and barrister
In Cape Distribution Ltd v Cape Intermediate Holdings plc and Cape Intermediate Holdings plc v Aviva plc [2016] EWHC 1119 (QB), the court considered the extent to which indemnities in a company sale agreement covered asbestos claims. It also considered whether the seller’s liability insurer could bring a subrogated claim against the buyer if both parties were co-insured.
Note: On 20 September 2016, the Court of Appeal granted permission to appeal most of the points considered in this judgment (see Cape Distribution Ltd and another v Cape Intermediate Holdings plc and others and Cape Intermediate Holdings Ltd and another [2016] EWCA Civ 1078).
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Resource ID 4-628-6706© 2024 Thomson Reuters. All rights reserved.
Published on 25-May-2016
Resource Type Legal update: case report
Jurisdictions
Related Content- England
- Wales