INSURANCE – commercial general liability insurance – construction subcontract – defective works – distinction between loss of use and physical injury – distinction between “injury” and “physical injury” – no physical injury to tangible property – application dismissed
INSURANCE – exclusions – property in physical or legal control – tunnel was in physical control of applicant
INSURANCE – exclusions – faulty workmanship – insurer will not pay anything in respect of performing, correcting or improving any work undertaken – consequential costs
INSURANCE – exclusions – contractual liability – within ordinary limits of liability
Tim Castle represented the Applicants.
Reasons for the decision can be found here.