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Lumbermen Mutual Casualty Co –v- Bovis Lend Lease Ltd

5th Oct 2004

[2005] 1 Lloyds Rep 494; [2005] Lloyd’s Rep IR 74; [2005] 2 All ER (Comm) 669

Gavin Kealey QC and David Allen – Impact and enforceability of global settlements in liability insurance and reinsurance.

Insurance (construction of professional liability policy) – Assured reaching a settlement with third party – Settlement encompassing claims and counterclaims – No allocation for amount of assured’s liability – Whether assured’s liability had been ascertained – Whether insuring clause applied only to negligence – Whether assured could recover in respect of breach of warranty of construction contract.