||All England Reporter
|| All ER (D) 68 (May)
|| EWCA Civ 441
||Court of Appeal, Civil Division
Waller, Moore-Bick and Richards LJJ
||Adrian Williamson QC (instructed by Bryan Cave) for the claimant.
||Paul Reed (instructed by Kennedys) for the defendant.
||7 May 2008
Insurance - All risks insurance - Contractors' all risks policy - Construction - Extent of cover - Damage to works to remedy defects - Whether claimant entitled to indemnity in respect of damage caused.
Insurers might be perfectly willing to undertake all sorts of risks as an adjunct to primary cover if the premium was sufficiently attractive, so in the end the natural meaning of the words used was usually the most reliable guide to whether they had done so, unless it produced a commercially absurd result. In the instant case, where the defects were not themselves damage and did not cause damage to other parts of the work, the claimant sub-contractors were covered by an insurance policy taken out with the defendant.
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