A paper based on the joint first prize entry in the Hudson Prize essay competition 2014
A problem which often arises in a construction insurance setting is whether one claim or more than one claim is being made against the insured. The answer affects how many deductibles are payable by the insured and the amount of indemnity available. The default decision on the issue is that of the Court of Appeal in Thorman v New Hampshire. Michael Regan looks at the issues and considers the problems the decision gives rise to and the unanswered questions it raises.
Introduction – The Thorman decision – What is a ‘claim’ and is its formulation relevant? – The Thorman examples – Thorman and the notification of circumstances – Revisiting Thorman.
The author: Michael Regan is a partner of Mayer Brown, solicitors, and head of the construction and engineering group in their London office
Text: 11 pages