Ben Elkington KC acted for the successful claimant in this recent High Court decision. The case considered when an insured is entitled to an indemnity on the reinstatement basis in the light of the Court of Appeal’s decision in Great Lakes Insurance (UK) Ltd v Western Trading Ltd [2016] EWCA Civ 1003, in which Ben also appeared for the successful claimant. Considering obiter remarks by Christopher Clarke LJ in Western Trading, David Railton QC (sitting as a Judge of the High Court) held that whether an insured is entitled to be indemnified in respect of property damage on the reinstatement basis requires consideration of all the circumstances, including events both before and after the loss. The case gives important guidance on the meaning and effect of Western Trading.
The decision is considered by Miles Harris of 4 New Square in this blog post titled Indemnification on the Reinstatement Basis: Sartex Quilts & Textiles Limited v Endurance Corporate Capital Limited [2019] EWHC 1103 on 4 New Square’s Insurance Blog InsuranceLaw.London.
