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Midland Mainline Ltd. -v- Eagle Star Insurance Co. Ltd.

28th Jul 2004

[2004] 2 Lloyd’s Rep. 604, [2004] Lloyd’s Rep IR 739

Tim Kenefick – Insurance (business interruption) – Hatfield rail crash – Parts of railway network subject to gauge corner cracking subjected to emergency speed restrictions by Railtrack – Train operators suffering losses – Policy excluding coverage for wear and tear – Causation – Whether wear and tear a proximate cause of the loss – Whether wear and tear exclusion applied to business interruption extension under policy.

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