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Building Law Monthly

War damage exclusion in contract of insurance

The Court of Appeal in University of Exeter v Allianz Insurance plc [2023] EWCA Civ 1484 held that a claim brought by the insured in respect of property damage at its premises was excluded by a war exclusion clause in the contract of insurance. It was held that a concurrent proximate cause of the loss was the dropping of a bomb during the Second World War, and that this remained a concurrent proximate cause of the loss notwithstanding the passage of almost 80 years between the dropping of the bomb and the controlled explosion which resulted in the damage to the property.

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