LEEDS BECKETT UNIVERSITY V TRAVELERS INSURANCE CO LTD

[2017] EWHC 558 (TCC), Queen's Bench Division, Technology and Construction Court, Mr Justice Coulson, 11 April 2017

Insurance (property) - All risks cover - Building demolished - Foundations disintegrated by reason of flowing water - Whether damage accidental and inevitable - Exclusion for gradual deterioration - Exclusion for faulty or defective design - Exclusion for contamination - Whether subsequent damage

This case arose out of a building project undertaken by the University on the site of the former Kirkstall Brewery, involving the refurbishment of existing buildings and the design and construction of several new accommodation blocks. The work was completed in 1996. On 13 December 2011 large cracks appeared on some of its internal walls and ceilings. Investigations revealed that an area of concrete blockwork below ground level had turned into mush, as the result of flowing water. A claim was made by the University against its all risks insurers. In the event the building had to be demolished. The insurers denied liability. Coulson J decided as follows