ARTICLE · 23 JULY 2021

If Your Name's Not Down…: No Policy Cover Where Developer Incorrectly Named

Fenchurch Law

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A failure to correctly name the developer on a certificate of insurance has entitled insurers to avoid liability under a new home warranty policy.

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Sehayek and another v Amtrust Europe Ltd [2021] EWHC 495 (TCC) (5 March 2021)

A failure to correctly name the developer on a certificate of insurance has entitled insurers to avoid liability under a new home warranty policy.

The homeowner claimants had the benefit of insurance that covered them for the cost of remedying defects in their new build property at the Grove End Garden development in St John's Wood.

Under the policy, "developer" was a defined term, being an entity registered with the new home warranty scheme from whom the policyholder had entered into an agreement to buy the new home, or who had constructed the new home. Cover was available under the policy for the cost of rectifying defects for which the developer was responsible, but had not addressed for various reasons including its insolvency.

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