Fahad Atta v HDI Global Specialty SE

Fahad Atta v HDI Global Specialty SE

The insurer is liable to indemnify Heatwave for the full costs of refurbishment and removal of the defective cavity wall insulation, as significant physical damage occurred during the policy period and the removal was necessary to restore the property. Incremental damage after the policy period did not materially increase the quantum of liability, and the insurance policy covers liability for damages arising out of damage occurring during the policy period.

Parties
Claimant/respondent: Fahad Atta; Defendant/applicant: HDI Global Specialty SE
Jurisdiction
England and Wales
Judgment Date
04 April 2023
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Third Parties (rights Against Insurers) Act 1930, Product Liability, Public Liability, Causation, Policy Interpretation, Damages, Progressive Damage
Insurance Law Tort Law Contract Law Third Parties (rights Against Insurers) Act 1930 Product Liability Public Liability Causation Policy Interpretation +2 more

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Parties

Fahad Atta

Claimant/respondent

HDI Global Specialty SE

Defendant/applicant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the insurer (HDI Global Specialty SE) is liable to indemnify Heatwave for damages arising from negligent installation of cavity wall insulation under the relevant policy period
  2. 2 Whether the costs of removing the defective insulation are covered under the insurance policy
  3. 3 Whether the damages claimed are referable to damage occurring during the policy period

Ratio Decidendi

The insurer is liable to indemnify Heatwave for the full costs of refurbishment and removal of the defective cavity wall insulation, as significant physical damage occurred during the policy period and the removal was necessary to restore the property. Incremental damage after the policy period did not materially increase the quantum of liability, and the insurance policy covers liability for damages arising out of damage occurring during the policy period.

Court Disposition

Appeal dismissed

Orders

  • HDI Global Specialty SE is liable to indemnify Heatwave for £34,000 in damages to Fahad Atta.
  • No recovery against the second and third defendant insurers.