The UK high court refused to order insurers to indemnify Leeds Beckett University for the loss of a building which cracked and was subsequently demolished in 2011 because the damage was not accidental. The below-ground blockwork had turned into mush as a result of flowing ground water which the evidence revealed was there at the
The insured pleasure craft was fitted with a diagnostic system and a critical alarm for low oil pressure or high coolant temperature. When the alarm went off the engines automatically went into limp mode and the engine-operating manual required the engine to be switched off.
The insured did not read the manual nor switch off
In a curious case the Michigan US Appeals Court found that merely sitting for a long period of time which allegedly led to a truck driver dying of a pulmonary embolism while sitting in the cab of his truck at a truck stop was not bodily injury caused by an occupational accident.
Medical evidence said
An injury caused by or sustained in an ‘accident’ under an insurance policy connotes an accident sustained in circumstances where the assured neither intended nor expected to suffer the injury. The test is a subjective one. Once it is established on a prima facie basis that the insured did not intend or expect to suffer
A Maryland court has ruled that the insurer does not have to defend the operator of a rock-climbing gym in a lawsuit which alleged that it negligently failed to prevent two of its coaches from sexually assaulting a teenage climber.
The lawsuit alleged that the company knew that the coaches had a history of sexually
The US Appeal Court in Iowa held that manufactured plastic bags that deteriorated in sunlight because of the absence of an ultraviolet inhibitor and caused small shreds of plastic to commingle with a customer’s landscaping materials requiring clean-up was an accident and therefore an occurrence under their comprehensive general liability policy.
The policy provided coverage