Michael Furmston
November 2002
A paper based on a talk given to a meeting of the Society of Construction Law in London on 2nd November 1999.
Professor Furmston considers the line of cases which have held that the express conditions about insurance in standard forms of contract have an effect on the liability of the parties to each other. He looks first at express insurance provisions which implicitly effect limitations of liability. Secondly, he looks at cases which show that two parties having taken out a joint names policy will result in them not being liable to each other. The written paper takes account of developments since November 1999.
Introduction - Insurance provisions as implicit limitation or exemption clauses - Position as between employer and contractor - Position as between employer and subcontractor - Impact of the Contracts (ights of Third Parties) Act 1999 - Impact of joint names clauses.
The author: Professor Michael Furmston is Emeritus Professor and Senior esearch Fellow at the University of Bristol, where he is a former Dean of the Law Faculty and Pro Vice-Chancellor.
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