Source: All England Reporter
Publisher Citation: [2002] All ER (D) 222 (May)
Court: Commercial Court
Judge:

Moore-Bick J
Representation Richard Silberry QC (instructed by Bentleys, Stokes & Lowless) for the claimant.
  Robert Moxon Browne QC and Alison Green (instructed by Gouldens) for the defendant.
Judgment Dates: 15 May 2002

Catchwords

Insurance - Contract of insurance - Construction of terms - Policy defining damage as physical damage and property as material property - Policy providing for indemnity of insured in event of accidental loss of or damage to property - Insured supplying contaminated product to third party - Third party bringing action against insured in respect of loss of business - Whether policy covering claim against insured.

The Case

In an action concerning an insurance policy which defined damage as 'physical damage' and property as 'material property', and provided that 'In the Event of accidental loss of or Damage to Property' the insured would be indemnified, it was held that the policy did not indemnify the insured in respect of a claim by a customer who had allegedly suffered loss from the withdrawal of business by two customers following the supply of products contaminated by defective material supplied by the insured.

Practice Areas

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