A cross-liability clause in a general liability policy requires the employer's liability exclusion to be read as referring to the insured making the claim, so that where a principal (Hamersley) claims indemnity for injury to the contractor's (Speno's) employee, the exclusion does not apply because the injured person was not employed by the principal. A contractual indemnity obligation under a works and services contract is a primary obligation that is not co-ordinate with an insurer's obligation under a policy of insurance, so that the insurer cannot claim contribution from the indemnifying contractor. An insurer's silence in response to a request for specific cover does not constitute a representation that the cover has been provided.
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