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(From Lloyds List)
Byline: Liability on a foreign claim is tricky issue for the English courts, writes Robin White
The case of Enterprise Oil Limited v Strand Insurance Company Ltd (judgment dated January 26, 2006) raised the difficult question of the correct approach for an English court to adopt when determining issues of liability and quantum on a foreign claim for the purposes of liability insurance. The outcome will provide little comfort for insureds.
The decision also included an important departure from the controversial decision in Lumbermans Mutual Casualty Company v Bovis Lend Lease Ltd [2005] 1 Lloyd's Rep 494 concerning the ...