May 2008
Seele Austria GmbH & Co. v Tokio Marine Europe Insurance Ltd [2008] EWCA Civ 441.
In their Property & Construction Top Ten Isnurance Booklet 2007 Davies Arnold Cooper reviewed ten significant decisions during 2007, including the first instance decision of Seele Austria GmbH & Co. v Tokio Marine Europe Insurance Ltd. An appeal was heard in February 2008 and judgement was recently handed down. The decisions of both courts will be of interest to those concerned with contractor's all risks cover and the perennial issues of the interpretation of 'damage' and 'defect' under such policies.
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