Success in the Court of Appeal – Endurance Corporate Capital Limited v Sartex Quilts & Textiles Limited  EWCA Civ 308
In a decision which will come as a surprise to some members of the insurance market, in Endurance Corporate Capital Limited v Sartex Quilts & Textiles Limited  EWCA Civ 308, the Court of Appeal unanimously held that the insured was entitled to be indemnified on the reinstatement basis for damage to its buildings, despite no reinstatement works having taken place over 8 years after the loss. The Court held that an insured is generally entitled to be indemnified by its insurer for property damage on the reinstatement basis, regardless of what it intends to do with the property as a result of the occurrence of 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. Miles Harris considers the decision on 4 New Square’s Insurance blog here: Insurance Law London.