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ARTICLE · 07 JUNE 2023

Legal Developments In Construction Law: May 2023

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The Rugby Football Union took out a Joint Names All Risks Insurance policy for works at Twickenham Stadium. Power cables forming part of the works were damaged...

United StatesReal Estate and Construction

1. Court of Appeal says co-insurance all risks policy does not cover contractor for defective work

The Rugby Football Union took out a Joint Names All Risks Insurance policy for works at Twickenham Stadium. Power cables forming part of the works were damaged and had to be replaced and the RFU, which alleged that the damage had been caused by defective design and installation of ductwork for the cables, recovered the cable replacement costs from the insurers. The RFU started subrogated proceedings against the ductwork installation contractor, claiming the replacement, and other, costs but the contractor, a co-insured under the policy, argued that the RFU (and the insurers, by subrogation) could not claim against it in respect of losses covered by the policy.

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