The following Construction guidance note Produced in partnership with Fisher Scoggins Waters LLP provides comprehensive and up to date legal information covering:
Double insurance is where the same party is insured under two or more policies in respect of the same subject-matter (whether that be property or liability) against the same risks.
The scope of the policies need not be exactly the same - for example there may be an overlap in cover between an employer’s liability policy and a fleet policy. See Weddell v Road Transport & General.
At or before the time of loss the same insured must have become entitled to the benefit of whole or part of both policies and thereby be in a position to claim.
The policies must cover the same subject-matter. See Godin v London Assurance Company.
At least a substantial part of the same risk has to be covered by both policies. See Australian Agricultural Co v Saunders.
In addition to the need for the insurance to cover to the same subject-matter and the same risk, the policies also need to cover the same interest. What matters is the insured’s ‘interest’ in the subject-matter. Where parties have differing interests in the same subject-matter and each insured has its own interest there is no double insurance. See
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