CA Blackwell (Contractors) Ltd. v Gerling Allegemeine Verischerungs Ag

CA Blackwell (Contractors) Ltd. v Gerling Allegemeine Verischerungs Ag

The exclusion clause does not apply because it was not established that the property insured (capping and sub-formation) was in a defective condition due to a relevant defect. Temporary drainage, even if considered property insured, is distinct from the damaged works. The insurer failed to prove the existence of a relevant defect triggering the exclusion.

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

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Parties

CA Blackwell (Contractors) Ltd

Claimant/respondent

Gerling Allegemeine Verischerungs - AG

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the exclusion clause in the contractors all risks policy excluded the claim for damage to earthworks
  2. 2 Whether the property insured was in a defective condition due to a defect in design, materials, or workmanship

Ratio Decidendi

The exclusion clause does not apply because it was not established that the property insured (capping and sub-formation) was in a defective condition due to a relevant defect. Temporary drainage, even if considered property insured, is distinct from the damaged works. The insurer failed to prove the existence of a relevant defect triggering the exclusion.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; High Court judgment upheld