Ghosh, A (2017) Briefing: Recent developments in construction and engineering insurance law. Proceedings of Institution of Civil Engineers: Management, Procurement and Law, 170(1), pp. 3-5. ISSN 1751-4304
Abstract
The UK Supreme Court has considered, for the first time, the effect on an insurance claim of a 'fraudulent device' -The embellishment of that claim. In doing so, it has also clarified the ambit of the doctrine of utmost good faith, which for centuries has underpinned UK insurance contracts. The extent of the uncertainty which has hitherto surrounded this area of law can be seen by the fact that the opinion of four Supreme Court judges prevailed, notwithstanding the opposing views of five judges, one in the High Court, three in the Court of Appeal and one in the Supreme Court. This briefing note discusses the Supreme Court's recent judgement in Versloot Dredging BV and another v. HDI Gerling Industrie Versicherung AG and others.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | contracts & law; liability |
| Index terms: | dredging, briefing, liability, insurance, good faith |
| Subjects: | water management, liability law, professional ethics, scope management, economic analysis |
| Topics: | Sustainability, Project Management, Legal Issues, Business Strategy |
| Descriptive scope: | 2 PC |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here