Exclusion of liability for defective property

In C A Blackwell (Contracts) Ltd v Gerling General Insurance Co [2007] EWCA Civ 1450 the Court of Appeal has upheld the first instance judgment of HHJ Mackie QC, [2007] Lloyd’s Rep IR 511 (discussed in the July 2007 issue of Insurance Law Monthly) in favour of the assured under a contractors all risks policy. Only one of the points decided at first instance was under appeal, but that was an important point of relating to the proper construction of a standard exclusion for defective property.