The owners of a building in which aluminium composite panels were installed is seeking compensation for loss or damage arising from the manufacturer supplier of those panels including the costs of removing the panels and remediating damage caused by affixing the panels to the building.
In this judgment the question was whether the insurer’s policy
The primary policy dispute in the appeal judgment in Insurance Australia Limited t/as CGU Insurance V Capral Limited is discussed in our previous blog here.
The insurers also argued that the installation of the defective plate did not damage the property at all and it in fact “improved” the vessel, so the claim must
The 276 paragraphs of the appeal judgment in Insurance Australia Limited t/as CGU Insurance V Capral Limited contains a very detailed and useful review of multiple jurisdictions approach to the meaning of property damage within property, general products and liability policies including Australia, Canada, the United States, and the United Kingdom.
The insured claimed under