Establishing a claim against liability insurers

In Enterprise Oil Ltd v Strand Insurance Co Ltd [2006] EWHC 58 (Comm) 10 separate issues relating to the scope of a liability policy were considered by Aikens J. Three of those issues are of wide-ranging significance: whether a liability policy is triggered by proof of actual liability as opposed to potential liability; whether defence costs are covered in the absence of express provision; and whether the much-criticised decision of Colman J in Lumberman’s Mutual Casualty Co v Bovis Lend Lease Ltd [2005] 1 Lloyd’s Rep 494 is good law.