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What Does An "All Risks" Insurance Policy Cover?(C A Blackwell (Contracts) Ltd v Gerling Allegemeine Verischerungs)

Publication: Mondaq Business Briefing
Publication Date: 22-MAR-07 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
This was the question before Judge Mackie QC in the case of C A Blackwell (Contracts) Ltd v Gerling Allegemeine Verischerungs - AG [2007] EWHC 94 when he had to consider whether losses caused by bad weather were covered by an all risks insurance policy.

C A Blackwell (Contracts) Ltd ("Blackwell") is a contractor with expertise in earthworks involved in motorway construction. Blackwell had successfully tendered for the earthworks on parts of the M60. Blackwell was responsible for insuring adequate temporary drainage for the earthworks. Blackwell took out a policy with Gerling Allegemeine Verichergungs ("Gerling") for the years to 31 December 1998 and 1999.

Bad weather and rain affected the works on several occasions and two incidents then caused damage to the capping layer (shale) and an area of sub-formation. The loss adjustor agreed [pounds]46,000 for...

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