C A Blackwell (Contracts) Ltd v Gerling Allegemeine Verischerungs-Ag

C A Blackwell (Contracts) Ltd v Gerling Allegemeine Verischerungs-Ag

The policy is an 'all risks' policy requiring fortuity; the damage was fortuitous and not inevitable. Gerling failed to prove wilful misconduct or that Exclusion 4 applied, as the property was not in a defective condition due to a relevant defect. Judgment is for the Claimant.

Parties
Claimant: C A Blackwell (Contracts) Ltd; Defendant: Gerling Allegemeine Verischerungs-AG
Jurisdiction
England and Wales
Judgment Date
30 January 2007
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Claimant
Legal Topics
All Risks Policy, Fortuity Requirement, Wilful Misconduct, Policy Exclusions, Contractors Insurance
Insurance Law Construction Law All Risks Policy Fortuity Requirement Wilful Misconduct Policy Exclusions Contractors Insurance

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Parties

C A Blackwell (Contracts) Ltd

Claimant

Gerling Allegemeine Verischerungs-AG

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Is the insurance policy an 'all risks' policy?
  2. 2 Does the damage have the necessary element of fortuity?
  3. 3 Did the assured commit wilful misconduct?

Ratio Decidendi

The policy is an 'all risks' policy requiring fortuity; the damage was fortuitous and not inevitable. Gerling failed to prove wilful misconduct or that Exclusion 4 applied, as the property was not in a defective condition due to a relevant defect. Judgment is for the Claimant.

Court Disposition

Judgment for the Claimant

Orders

  • Counsel to provide corrections, draft order, and note on further relief sought.