With the Best of Intentions – Indemnity on the Reinstatement Basis

In this article, Simon Mathews and Zakariyah Mehmood discuss the recent decision in Endurance Corporate Capital Limited v Sartex Quilts & Textiles Limited [2020] 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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