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LLR: Insurance & Reinsurance

CO-OPERATIVE RETAIL SERVICES LTD v TAYLOR YOUNG PARTNERSHIP AND OTHERS

[2002] Lloyd's Rep IR 555

HOUSE OF LORDS

Before Lord Bingham of Cornhill, Lord Mackay of Clashfern, Lady Steyn, Lord Hope of Craighead and Lord Rodger of Earlsferry

Insurance (construction) - Subrogation - Policy covering interests of Employer, head contractor and sub-contractors - Premises damaged by fire - Claim by Employer against architect and engineers - Whether architect and engineers could seek contribution from head contractor and sub-contractor under Civil Liability (Contribution) Act 1978, s 1(1) - Whether policy prevented claim against head contractor and sub-contractor - Whether contractual arrangements prevented claim by Employer against head contractor and sub-contractor - Civil Liability (Contribution) Act 1978, s 1(3) - Whether contributory negligence of co-assured affected subrogation claim - Law Reform (Contributory Negligence) Act 1945.

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