Seele Austria v Tokio Marine Europe InEnter your text heresurance
Citation: BLR 337 CA
Nature of case:
The Court of Appeal, by a majority, allowed the appeal by the claimant, the insured party under a Contractors All Risk policy, against the Commercial Court’s decision in favour of the insurer. The first instance court had held the contractors not entitled to an indemnity in respect of loss and expense sustained in doing remedial work to defective windows which they had installed, because it was intentional damage. The CA held that, although the cost of making good defects was not in itself recoverable under the policy, remedial work was necessary to preserve the physical integrity of the building, which was covered by the indemnity.