Knowles Food Services Ltd v CGU Insurance Plc [2008] ScotCS CSIH_20 (29 February 2008)

Knowles Food Services Ltd v CGU Insurance Plc [2008] ScotCS CSIH_20 (29 February 2008)

Damage caused by vibration is excluded from cover under the policy because vibration is not a defined contingency; exception E applies to cracking of the building itself or any part of it, and only damage resulting from a defined contingency is covered.

Citation
[2008] ScotCS CSIH_20
Parties
Pursuer and Appellant: Knowles Food Services Limited; Defender and Respondent: CGU Insurance Plc
Jurisdiction
Scotland
Judgment Date
29 February 2008
Procedural Posture
Appeal From Sheriff Court / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Policy Interpretation, Exceptions to Coverage, All Risks Insurance, Proximate Cause
Insurance Law Policy Interpretation Exceptions to Coverage All Risks Insurance Proximate Cause

Case Brief

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Parties

Knowles Food Services Limited

Pursuer and Appellant

CGU Insurance Plc

Defender and Respondent

Procedural Posture

Appeal From Sheriff Court / Final Appellate Judgment

Legal Issues

  1. 1 Whether damage caused by vibration is covered under the insurance policy
  2. 2 Interpretation of exception E and defined contingencies in the policy

Ratio Decidendi

Damage caused by vibration is excluded from cover under the policy because vibration is not a defined contingency; exception E applies to cracking of the building itself or any part of it, and only damage resulting from a defined contingency is covered.

Court Disposition

appeal dismissed

Orders

  • action dismissed
  • decision of sheriff affirmed