Can an exclusion in a liability policy that only applies to part of a claim still exclude the whole claim because of the definition of ‘Claim’ and the way the third party has pleaded its claim against the insured?
The owners of an apartment block suffering from weather-tightness issues are suing the Napier City Council.
The owners plead in their statement of claim one cause of action only in negligence (breach of duty of care by the Council in performing its regulatory functions). In turn, they plead this led to multiple defects in the building.
Many of the defects relate to weather-tightness issues, but some do not [Read more…]