April 2008

JOINT NAMES INSURANCE - RELIEF FROM LIABILITY?

Tyco Fire and Integrated Solutions (UK) Ltd (formerly Wormald Ansul (UK) Ltd) v Rolls Royce Motor Cars Ltd (formerly Hireus Ltd) 2008 EWCA Civ 286 ("Tyco v Rolls Royce").

The Court of Appeal judgement in Tyco v Rolls Royce, handed down on 2 April 2008, highlights the importance of precise wording in construction contracts containing a provision for joint names insurance. Further, it calls into question whether the existence of a joint names insurance policy overrides a contractor's liability to an employer for damage caused by the contractor's negligence.