With the Best of Intentions – Indemnity on the Reinstatement BasisMarch 2020
In this article, Simon Mathews and Zakariyah Mehmood discuss the recent decision in Endurance Corporate Capital Limited v Sartex Quilts & Textiles Limited  EWCA Civ 308. The dispute between the two parties centred on whether Sartex (the insured party) was in fact, entitled to an indemnity under its property insurance policy on a reinstatement basis.
The decision both on Appeal and at Trial provides for an interesting insight into the relevant legal tests which apply when assessing the sum payable under a policy of insurance against property damage – when there is no express term in the policy itself, fixing the measure of loss.
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