Donald Dinnie

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One of the issues for consideration by the Court of Appeal in London International Exhibition Centre PLC v Allianz Insurance PLC and Others previously discussed here [insert link to previous blog] was whether on a proper construction of the words “suffered by any visitor or employee” in the relevant policy disease clause, constituted an…

In this Court of Appeal judgment of 6 September 2024 in London International Exhibition Centre PLC v Allianz Insurance PLC and Others the court considered what constituted the insured peril occurring “at the premises” of the insured.

The relevant policies contained “at the premises” infectious disease extension wordings.

It had been agreed or…

In an August 2024 Australian Federal Court judgment previously discussed here [“Hemiplegia” – Personal Accident and Sickness Policy (Australia) | Financial Institutions Legal Snapshot], the court found that the insured did not suffer from hemiplegia, and accordingly did not qualify for any benefits under the policy. The court nevertheless considered whether the insured’s…

The primary issue the court had to determine in an August 2024 Australian Federal Court judgment was whether the insured’s “Bodily Injury” was “permanent hemiplegia” as defined by the insured’s Professional Sports Personal Accident and Sickness Insurance Policy. 

The insured, a former professional football player had suffered a significant injury while…

In a February 2024 Australian Supreme Court case the policy provided cover to the insured architect for “civil liability for compensation including the claimant’s legal costs and expenses arising from any Claim first made against the insured during the policy period.”

“Claim” was defined as:

“7.2.1       any writ, application, summons or other originating legal…

In this Massachusetts Appeal Court judgment the court was required to decide whether the costs of repairing or removing construction defects constituted “damages because of… ‘property damage’ ” within the meaning of a commercial general liability policy of a contractor building.

The homeowner experienced problems in the construction of their home by the insured…

In this UK case, previously discussed HERE, the reinsurances provided cover “in respect of Property Damage only as a result of Direct Physical loss of or damage to the interest insured”.

The insuring clause indemnified the reinsured against “physical loss or physical damage to buildings and contents” and the Occurrence definition referred to the…