ABSTRACT
The clause listing the Specified Perils' identifies the particular perils to be covered by an insurance policy that has to be taken out by the Employer. It is very common that all parties to a construction project are named as insured under a project insurance. There are a number of cases in which the courts have considered the effects upon the rights of one party to sue another of the fact that the parties are co-insured. The intention of the parties, sensibly construed, must therefore have been that in the event of damage by fire, whether due to accident or negligence, the landlord's loss was to be recouped from the insurance monies and that in that event they were to have no further claim against the tenant for damages in negligence. More recent authority has shifted the focus away from the position under the policy to the position as between primary contracting parties.
