23 Jun 2009
ARROW INTERNATIONAL LIMITED V QBE INSURANCE (INTERNATIONAL) LIMITED HC WN CIV 2007-485-74
- Citation
- openlaw-72359b20_8fcb_46dd_93bb_a3c21d53a3e9.pdf
- Court
- High Court
The policy required physical damage to have 'happened' during the policy period; that phrase denotes an injury-in-fact trigger (a single point on the continuum of latent progressive damage). On the evidence fungal/microbiological damage that altered the timber's physical state and impaired its usefulness occurred before 30 May 2002, so the 2002-05 policy did not cover Arrow's liability and the claim is dismissed.