C A BLACKWELL (CONTRACTORS) LTD v GERLING ALLEGEMEINE VERSICHERUNGS AG

[2008] Lloyd's Rep IR Plus 18

COURT OF APPEAL

Before Lord Justice Tuckey, Lord Justice Maurice Kay and Lord Justice Hooper

Insurance (construction) – Road damaged by bad weather – Whether assured had “all risks” policy – Whether loss fortuitous even though bad weather was foreseeable – Whether assured guilty of wilful misconduct – Whether property subject to defects within meaning of exclusion.