The Impact of Construction Insurance on Risk Allocation

Michael Furmston

November 2002

A paper based on a talk given to a meeting of the Society of Construction
Law in London on 2nd November 1999.

Professor Furmston considers the line of cases which have held that the
express conditions about insurance in standard forms of contract have
an effect on the liability of the parties to each other. He looks first
at express insurance provisions which implicitly effect limitations of
liability. Secondly, he looks at cases which show that two parties having
taken out a joint names policy will result in them not being liable to
each other. The written paper takes account of developments since November
1999.

Introduction - Insurance provisions as implicit limitation or exemption
clauses - Position as between employer and contractor - Position as between
employer and subcontractor - Impact of the Contracts (ights of Third
Parties) Act 1999 - Impact of joint names clauses.

The author: Professor Michael Furmston is Emeritus Professor and Senior
esearch Fellow at the University of Bristol, where he is a former Dean
of the Law Faculty and Pro Vice-Chancellor.

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