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FOIL Update – Europools v Royal Sun Alliance

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The claimant (Euro Pools) (a company that specialised in installing and fitting out of swimming pools) sought an indemnity in respect of costs incurred in remedying various faults that had occurred in swimming pools it had installed for third parties. In particular, it sought an indemnity in respect of expenses incurred in installing a hydraulic system to power moveable ‘booms’ at several pools, to mitigate potential claims by third parties. The key issue that arose on appeal was whether the claim attached to the first or second of two successive professional indemnity policies.

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