In Endurance Corporate Capital Limited v Sartex Quilts & Textiles Limited  EWCA Civ 308, the Court of Appeal unanimously held that an insured is generally entitled to be indemnified in respect of property damage on the reinstatement basis, regardless of what it intends to do with the property following the insured event. It also ruled on the principles relevant to deductions from payments on the basis of betterment. Ben Elkington QC of 4 New Square acted for the successful claimant insured.
The Court’s decision is considered by Miles Harris of 4 New Square.
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