LUMBERMEN MUTUAL CASUALTY CO v BOVIS LEND LEASE LTD

[2005] Lloyd's Rep IR 74

QUEEN’S BENCH DIVISION COMMERCIAL COURT

Before Mr Justice Colman

Insurance (construction of professional liability policy) - Assured reaching a settlement with third party - Settlement encompassing claims and counterclaims - No allocation for amount of assured’s liability - Whether assured’s liability had been ascertained - Whether insuring clause applied only to negligence - Whether assured could recover in respect of breach of warranty of construction contract.