Question
Modern Properties and Aman Constructions have a contract for the construction of a big shopping center. Modern properties took public liability coverage insurance policy not
Modern Properties and Aman Constructions have a contract for the construction of a big shopping center. Modern properties took public liability coverage insurance policy not only to cover himself and his companies but also to cover all of its contractors, sub-contractors, and suppliers. Commercial Lighting was one of the sub-contractors who was appointed by Aman Constructions (one of the contractors of Modern Properties) to install the external lighting at a cost of $16,000. However, while the work was being completed, one of the employees of Commercial Lighting got injured while working on a project of Aman Constructions and successfully sued Aman Construction for damages. After paying the damages to that employee, Aman Constructions came to know that the public liability coverage was taken by Modern Properties which covered all contractors and subcontractors dealing with them and hence, asks the Insurance company for damages by claiming that they are covered under the policy taken by Modern Properties. The insurance company refused to pay damages to Aman Constructions stating that the insurance company is not liable to pay any damages to Aman Constructions as they do not have any contract of insurance with Aman Constructions. Aman Constructions has come to you for your legal advice on the issue. Modern Properties and Aman Constructions have a contract for the construction of a big shopping center. Modern properties took public liability coverage insurance policy not only to cover himself and his companies but also to cover all of its contractors, sub-contractors, and suppliers. Commercial Lighting was one of the sub-contractors who was appointed by Aman Constructions (one of the contractors of Modern Properties) to install the external lighting at a cost of $16,000. However, while the work was being completed, one of the employees of Commercial Lighting got injured while working on a project of Aman Constructions and successfully sued Aman Construction for damages. After paying the damages to that employee, Aman Constructions came to know that the public liability coverage was taken by Modern Properties which covered all contractors and subcontractors dealing with them and hence, asks the Insurance company for damages by claiming that they are covered under the policy taken by Modern Properties. The insurance company refused to pay damages to Aman Constructions stating that the insurance company is not liable to pay any damages to Aman Constructions as they do not have any contract of insurance with Aman Constructions. Aman Constructions has come to you for your legal advice on the issue.
Required:
Discuss whether Aman Constructions will be successful or not in getting their claim from the Insurance Company? If they are unsuccessful in getting the claim from the Insurance Company directly, would they have any other alternatives to get their claim? Support your answer with the relevant law (also list the exception to the relevant law, if any) and Reference case/s. (10 marks)
who in turn, would be likely to progress an action against the Insurance Company to recover the amount.
(Solve in Issue, Rules, Application of Rules and Conclusion)
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