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Because of the inherently risky nature of the construction
process, insurance has a huge part to play within the industry for
the parties trying to manage their risk exposure. For example,
owners and contractors are parties to contracts which routinely
contain provision for insuring the works, while consultants
typically carry professional indemnity (PI) cover or may be
required to do so.
Consequently, many disputes arising from construction and
engineering projects involve insurers and are also funded by them.
The principles of insurance law, combined with the detailed
insurance provisions of contracts or PI policies, mean that
obtaining expert and specialist legal advice for your matter is
vital.
Our Experience
Keating Chambers has substantial experience of disputes arising
from interpretation of insurance provisions in construction and
engineering contracts.
Members of Chambers appeared in leading cases such as
Amec Civil Engineering Ltd v Cheshire
County Council (on the ICE Form) and Skanska v Egger (Barony) Ltd and
Scottish Newcastle v G D
Construction (on the JCT Forms) where the meaning
of standard form insurance clauses was ascertained. Members
of Chambers have also appeared in major recent decisions on
general insurance law points, such as BICC v Parkman Consulting Engineers on
contribution proceedings, and Hurstwood Developments v Motor and General and
Aldersley & Co Insurance Services on the meaning
of “same damage” under the Civil Liability Contribution Act
1978.
Members of Keating Chambers were also heavily involved in
Gerling General Insurance v Canary Wharf
Group, one of the most high-profile construction cases of
2005. The case, which related to the fatal collapse of a tower
crane in Canary Wharf, was argued by silks and juniors from Keating
Chambers on both sides on the scope of the project insurance policy
and the interpretation of the word ‘imminent’ as applied to loss or
damage to the construction site.
Away from headline-making cases, the following select examples
demonstrate our members’ impressive range and depth of experience
in insurance law matters, both in the UK and overseas:
- represented large international contractor in Hong Kong
arbitration on enforceability of insurance policy against Chinese
insurance company
- represented power station owner in LCIA arbitration of
insurance disputes arising from contract for supply of turbines
- advocacy in litigation of insurance disputes arising out of
construction of aircraft-testing facilities
- advised in proceedings against underwriters and insurance
brokers in engineering dispute for failure to indemnify
- advised in proceedings against insurers and brokers for
negligence in failure to ensure continuous cover following transfer
of insurance business.
Further InformationFor further information on how our members can assist you, please contact the Senior Clerks,
John Munton and
Nick Child, in the first instance, on +44(0)20 7544 2600. They and their teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.