Seele v Tokio Marine

Citation: EWHC 255 (TCC), [2009] BLR 261

Nature of case:
An all-risks insurance policy was taken out relating to a building project in London.  Seele was a trade subcontractor who installed windows later found to be defective.  The insurance policy limited the indemnity provided to Seele to loss or damage due to a defect in design plan or specifications materials or workmanship to the extent provided by two Memorandums, 18(2) and (3) of the policy.  The latter provided an additional indemnity for intentional damage necessarily caused to the insured property to enable the replacement repair or rectification of insured property which was in a defective condition.  On appeal in the Court of Appeal, Seele argued that the policy covered accidental damage to the property, but also non-accidental damage where the circumstances fell within memorandum 18(3), namely intentional access damage where a defect had been discovered.

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Adrian Williamson KC

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