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24 kwi 2023 · Gatehouse barristers acting in the case of Rugby Football Union v Clark Smith Partnership and FM Conway successfully resisted Conway’s appeal against the decision of Eyre J, which dismissed Conway’s attempts to establish a coinsurance defence to claims brought by the Rugby Football Union (“RFU”).
10 maj 2023 · FM Conway Ltd v The Rugby Football Union & Ors. [2023] EWCA Civ 418. We discussed this case in Issue 263. During works to upgrade Twickenham rugby stadium for the 2015 World Cup, the RFU engaged Clark Smith to design the ductwork and Conway to install it.
12 maj 2022 · The Rugby Football Union (RFU) claimed losses incurred in respect of allegedly defective ductwork installed by FM Conway Ltd (Conway) as part of works to upgrade the Twickenham stadium ahead of the 2015 Rugby World Cup.
25 kwi 2023 · The Court of Appeal has confirmed, in FM Conway Limited v (1) The Rugby Football Union and others, that a contractor (Conway) was not a co-insured of the employer (the Rugby Football Union, or RFU) under the RFU's all-risks project insurance. This upholds a decision covered in our May 2022 article.
6 cze 2023 · In FM Conway Limited v The Rugby Football Union, the Court of Appeal dismissed a contractor's attempts to rely on a co-insurance defence to claims brought by the Rugby Football Union (RFU).
3 maj 2022 · Conway (both in its defence to the RFU’s claim, and in its own separate Part 8 proceedings) sought to assert a coinsurance defence. It alleged that it was entitled to the benefit of cover under a project insurance policy taken out by the RFU, and as such had no liability to the RFU in respect of the insured losses.
5 paź 2023 · Given the Policy had been taken out by the RFU, the Court of Appeal emphasised the need to establish the RFU’s intention and its authority to extend cover to FM Conway. Lord Justice Coulson summarised the approach to be taken as follows:
