Joint names insurance—construction contracts
Produced in partnership with Fisher Scoggins Waters LLP
Joint names insurance—construction contracts

The following Construction practice note produced in partnership with Fisher Scoggins Waters LLP provides comprehensive and up to date legal information covering:

  • Joint names insurance—construction contracts
  • Joint insurance—definition
  • Composite insurance—definition
  • Convenience over individual policies
  • Limits of indemnity/loss sustained
  • Joint names insurance in construction contracts
  • The Yasin
  • Deepak v ICI
  • Hopewell Project Management Ltd v Ewbank Preece
  • Interaction between a joint names policy and the construction contract
  • More...

This Practice Note examines the nature of joint names insurance, the distinction between joint and composite insurance and its impact on construction insurance contracts generally.

A common requirement of construction contracts is to execute insurance in joint names. This means the interests of the various parties are covered under a single policy.

Under the heading of joint names insurance we will refer to:

  1. joint insurance; and

  2. composite insurance often referred to as co-insurance

Joint insurance—definition

Insurance which under a single policy covers the identical interests of two or more parties in the subject-matter of the insurance, for example, spouses' interests in a marital home.

A breach by one party of the policy conditions for example by fraud, non-disclosure, breach of condition or breach of warranty, may affect the rights of the other insured.

In joint insurance, the respective insured’s rights stand and fall together. That is to say, they have undivided interests in the subject-matter. If the policy is truly joint in that the interest on the part of one or more persons in the subject-matter of the policy are joint, subject to the specific terms of the policy, all insured are liable to be affected by defences available to an insurer.

Composite insurance—definition

Insurance which covers under a single policy the respective (and commonly differing) interests of multiple parties in the subject-matter of the insurance, for example, contractor and subcontractor.

Under

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