Insurance Claim Recovery Options

Summary

CC plc can potentially recover repair costs from PB Ltd due to faulty plumbing work. Factors include contractual obligations, negligence, and insurance policy terms. Dwayne, the policyholder, is responsible for the excess, but CC plc might recover it through subrogation. Relevant case law includes Napier Park v. Harbourmaster for subrogation rights, Donoghue v. Stevenson for negligence, and Hadley v. Baxendale for breach of contract. Consulting a legal professional is advisable for detailed advice.

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what happens about the excess
In cases like this, the policy excess is typically the portion of the claim that the policyholder, Dwayne in this case, is responsible for paying under the terms of their insurance policy. Here's how the excess might be handled:
- Policyholder Responsibility: Dwayne would typically pay the excess amount out of pocket.
- Subrogation: If CC plc successfully recovers the full amount of the repairs from PB Ltd, they may also recover the excess and reimburse Dwayne.
Would you like further details on how subrogation works in this context?
can you give me the case law on this
To find relevant case law in England regarding recovery of costs in negligence or breach of contract, consider looking into:
- Subrogation Rights: Check cases like *Napier Park v. Harbourmaster* which discuss insurers' rights to recover costs.
- Negligence: Refer to cases like *Donoghue v. Stevenson* for foundational negligence principles.
- Contract Breach: Look into cases like *Hadley v. Baxendale* for breach of contract.
For detailed legal advice or specific case law, consulting a legal professional is recommended.