CA Blackwell (Contractors) Ltd. v Gerling Allegemeine Verischerungs Ag [2007] EWCA Civ 1450 (16 November 2007)

CA Blackwell (Contractors) Ltd. v Gerling Allegemeine Verischerungs Ag [2007] EWCA Civ 1450 (16 November 2007)

The exclusion clause applies only to property insured that is in a defective condition due to a relevant defect. On the facts, the insurer failed to establish that the damaged property (capping and sub-formation) was in a defective condition. Temporary drainage measures were not property insured, and even if they were, the exclusion would not apply to other property insured that was free of defect. The judge's interpretation and application of the clause were correct.

Citation
[2007] EWCA Civ 1450
Parties
Claimant/respondent: CA Blackwell (Contractors) Ltd; Defendant/appellant: Gerling Allegemeine Verischerungs - AG
Jurisdiction
England and Wales
Judgment Date
16 November 2007
Procedural Posture
Appeal From High Court, Chancery Division (commercial Court) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Exclusion Clauses, Contractors All Risks Policy, Defective Workmanship, Policy Interpretation
Insurance Law Construction Law Exclusion Clauses Contractors All Risks Policy Defective Workmanship Policy Interpretation

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Parties

CA Blackwell (Contractors) Ltd

Claimant/respondent

Gerling Allegemeine Verischerungs - AG

Defendant/appellant

Procedural Posture

Appeal From High Court, Chancery Division (commercial Court) / Court of Appeal Judgment

Legal Issues

  1. 1 Construction and application of standard form exclusion clause in contractors all risks insurance policy
  2. 2 Definition and scope of 'property insured' under exclusion clause
  3. 3 Whether damage resulted from property being in defective condition due to defect in design, materials, or workmanship

Ratio Decidendi

The exclusion clause applies only to property insured that is in a defective condition due to a relevant defect. On the facts, the insurer failed to establish that the damaged property (capping and sub-formation) was in a defective condition. Temporary drainage measures were not property insured, and even if they were, the exclusion would not apply to other property insured that was free of defect. The judge's interpretation and application of the clause were correct.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed