Tag archives: Exclusion

Interpretation of an EAR Policy’s defect exclusion clause

A Greek appeal court was recently called upon to interpret the exclusion under the Contractors’ Erection All Risks Policy which read: “the insurer shall not Indemnify the Insured for … The cost of replacement, repair or rectification of loss due to defective material and/or workmanship. This exclusion shall be limited to the insured items directly … Continue reading

Who is the “user” of an insured vehicle?

A US construction worker was fatally shocked while repairing a bridge. He was working on a platform scissor-lift mounted on a truck owned by his employer construction company. He was working on a bridge owned by New Jersey Transit. His widow claimed damages from the New Jersey Transit company.  NJT then sought cover under the … Continue reading

Insurance coverage for bullying

An insurer was required by a Canadian court to provide an indemnity under a comprehensive homeowner’s property and liability insurance policy to the parents of a child who bullied another pupil. The insurer argued that the injuries claimed by the plaintiff were a result of an intentional act of assault, threatening and bullying. The policy … Continue reading