TIOXIDE EUROPE LTD v CGU INTERNATIONAL INSURANCE PLC

[2005] Lloyd's Rep IR 114

QUEEN’S BENCH DIVISION COMMERCIAL COURT

Before Mr Justice Langley

Insurance (product liability) - Excess policies incorporating terms of first layer policy - Supply of pigment which caused “pinking” when used in pvc door and window frames - Whether pinking was “on account of physical injury” - Whether there was an “accident, including continuous or repeated exposure to the same general harmful conditions - Whether loss notification option complied with - Whether option’s requirements waived - Whether damage was “neither expected nor intended” - Whether assured in breach of reasonable care provisions.