22 Jul 2010
LUMLEY GENERAL INSURANCE (NZ) LTD AND ACE INSURANCE LTD V BODY CORPORATE NO. 205963 AND ORS CA41/2009
- Citation
- openlaw-3e0ed4a9_ecc8_4b77_bd38_79619223752a.pdf
- Court
- Court of Appeal
Clause 2.04 is to be read so that the word "system" and the bracketed phrase "(and any associated waterproofing treatment and flashings)" attach to both "exterior cladding" and "roofing", and thus the exclusion disclaims cover for loss or damage arising from moisture or water ingress through any exterior cladding system or any associated waterproofing treatment or flashings designed or specified by the insured; applied to the facts, the four pleaded defects fall within that exclusion.