YORKSHIRE WATER SERVICES LTD. v. SUN ALLIANCE & LONDON INSURANCE PLC AND OTHERS

[1997] 2 Lloyd's Rep. 21

COURT OF APPEAL

Before Lord Justice Stuart-Smith, Lord Justice Waite and Lord Justice Otton

Insurance (Public Liability) - Indemnity - Implied term - Embankment of waste tip failed and vast quantity of sewage sludge deposited in river - Plaintiffs carried out flood alleviation works - Whether plaintiffs entitled to recover under insurance policies cost of remedial works - Whether term to be implied that insured would make reasonable efforts to prevent or minimize loss which might fall on insurer and be indemnified in respect of costs so incurred.