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All Risks Insurance Claims

Our insurance lawyers advise on all issues arising from All Risks Insurance Disputes including policy wording and coverage.

In construction projects there will be in place a project insurance policy. The interests of a number of project participants may be covered under the policy. This goes by several names including Project Insurance, Construction All Risks InsuranceContractors All Risks Insurance (C.A.R), Erection All Risks Insurance (E.A.R.).

A typical insuring clause may be something along the following lines: 

"The insurer will, subject to the terms contained hereon, indemnify the Insured in respect of loss or damage to the Insured Property whilst at the Insured location in connection with the Business of the Principal Insured occurring during the Period of Insurance arising from any cause whatsoever except as hereafter provided."

Despite the title, all risks insurance policies do not cover ALL RISKS but only those as defined and subject to a number of exclusions. It is therefore important to fully understand the scope of the insurance policy in question when a decision is being disputed.

Our team is able to provide specialist advice in respect of "loss of or damage to", the meaning of "damage", the need for "fortuity", design and workmanship exclusions (DE or LEG series), defects in design and defectively designed.

For references to fortuity see C A Blackwell(Contracts) Ltd -v- Gerling General Insurance Co [2007] EWCA Civ 1450.

If you would like more information on the All Risks dispute resolution services Fisher Scoggins Waters offer, please contact us by telephone on 0207 993 6960 or email Charlotte Waters by using the enquiry form below:

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