W R Berkley Ins. (Europe) Limited & Anr v Teal Assurance Co. Limited (CA) 26/1/17

Where an insured entered into a settlement agreement with a third-party which involved the transfer of a sum into an escrow account and from which sums could be drawn down to the extent liability for defects was agreed, the payment of that sum into the escrow account did not constitute the ascertainment of the insured’s liability and consequential obligation for an indemnity on insurers.