Contractor's all risks insurance [electronic resource] fortuity revisited
Gibson, Cheryl
Contractor's all risks insurance fortuity revisited [electronic resource] - 2007 - RICS Feature 4 July 2007 .
Discusses "CA Blackwell v Gerling Allegemeine Verischerungs AG" ([2007] EOHC 94 (Comn), unreported) which considered whether a contractor was covered under a Contractor's All Risks (CAR) insurance policy when rain caused damage to its earth moving works. The insurer claimed the damage was inevitable and the loss resulted from wilful misconduct. However, while the contractor may have been negligent, it had not been reckless and the damage was covered by the CAR. In addition, an element of fortuity existed which meant the damage was not inevitable.
CA BLACKWELL V GERLING ALLEGEMEINE VERISCHERUNGS AG
CONTRACTORS ALL RISKS INSURANCE
England and Wales--1543-
Contractor's all risks insurance fortuity revisited [electronic resource] - 2007 - RICS Feature 4 July 2007 .
Discusses "CA Blackwell v Gerling Allegemeine Verischerungs AG" ([2007] EOHC 94 (Comn), unreported) which considered whether a contractor was covered under a Contractor's All Risks (CAR) insurance policy when rain caused damage to its earth moving works. The insurer claimed the damage was inevitable and the loss resulted from wilful misconduct. However, while the contractor may have been negligent, it had not been reckless and the damage was covered by the CAR. In addition, an element of fortuity existed which meant the damage was not inevitable.
CA BLACKWELL V GERLING ALLEGEMEINE VERISCHERUNGS AG
CONTRACTORS ALL RISKS INSURANCE
England and Wales--1543-