Leaking through an insurance loophole | Case by Case (Ep. 52)
We’re over to insurance law today with a discussion on discuss the English Court of Appeal case Brian Leighton (Garages) Ltd v Allianz Insurance Plc [2023] EWCA Civ 8 (11 January 2023).
This question split the English Court of Appeal – 2:1. Any time that happens we know there are going to be some talking points.
We’re over to insurance law today with a discussion on discuss the English Court of Appeal case Brian Leighton (Garages) Ltd v Allianz Insurance Plc [2023] EWCA Civ 8 (11 January 2023).
Vehicle repair and refuelling garage claimed insurance cover under an all risks policy for property damage.
A rock seemingly punctured a pipe. Fuel leaked. It spread across the property. Contamination followed. Business shut down, for good.
The policy appears to exclude damage caused by pollution or contamination. Or does it?!
Sometimes things aren’t what they seem…
This question split the English Court of Appeal – 2:1. Any time that happens we know there are going to be some talking points.
And there are a healthy mix of construction and causation.