CAPE DISTRIBUTION LTD v CAPE INTERMEDIATE HOLDINGS

[2016] Lloyd's Rep. IR 499

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Mr Justice Picken

Insurance (employers’ liability) – Effect of Sale Agreement transferring the claimant's business to the defendant – Indemnity given by defendant to claimant – Whether indemnity applied where the claimant's insurance was available – Subrogation – Whether defendant was co-insured under the policy and immune from subrogation – Whether defendant was a beneficiary of the policy and immune from subrogation – Estoppel by convention.