30 May 2019
Indemnification on the Reinstatement Basis: Sartex Quilts & Textiles Limited v Endurance Corporate Capital Limited  EWHC 1103
In Sartex Quilts & Textiles Limited v Endurance Corporate Capital Limited  EWHC 1103 (Comm), David Railton QC, sitting in the Commercial Court considered the effect of the Court of Appeal’s decision in Great Lakes Insurance (UK) Ltd v Western Trading Ltd  EWCA Civ 1003. He decided that whether an insured is entitled to be indemnified in respect of property damage on the reinstatement basis requires consideration of all the circumstances, including events both before and after the loss, to determine if that measure of indemnity would overcompensate the insured for the loss it suffered. The deputy judge’s decision is considered by Miles Harris of 4 New Square.
Ben Elkington QC of 4 New Square acted for the successful claimant insured.