The effect of noting an interest in an insurance policy: Eurocrest Ventures Ltd v Zurich Insurance Plc
Eurocrest applied for a declaration that it was entitled to an indemnity under an insurance policy taken out by the freeholder of a building of which it was a lessee of part. David Donaldson QC (sitting as a Deputy High Court Judge in the Chancery Division) held that the noting of a lessee’s interest on an insurance policy meant no more than the recording of the existence of the lessee’s interest in the property and did not mean that the policy was concluded for the benefit of the lessee. The lessee could not rely upon the Contracts (Rights of Third Parties) Act 1999 as the policy did not purport to confer a benefit upon the lessee.
Andrew Rigney QC appeared for Zurich, instructed by Berrymans Lace Mawer LLP.
The Judgment is available here.