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Building contract – Insurance. Following an incident, in which a crane toppled from the concrete supporting structure that had been built by the defendant, the claimant insurance company had sought a declaration of non-liability under the defendant's Miles Smith Building Services Combined Contractors' Liability Policy. The judge had refused to grant the declaration sought. The Court of Appeal, Civil Division, allowed the claimant's appeal and made a declaration that: (i) on the proper construction of the foundation clause in the policy, the crane had been a 'superstructure' within the meaning of the policy; (ii) the works carried out by the defendant in constructing the crane base and installing the dowel bars had been foundation works within the meaning of the policy; and (iii) any liability that might be established against the defendant in respect of the damage to the crane itself was a liability excluded under the foundation clause.
Building contract – Insurance. Following an incident, in which a crane toppled from the concrete supporting structure that had been built by the defendant, the claimant insurance company had sought a declaration of non-liability under the defendant's Miles Smith Building Services Combined Contractors' Liability Policy. The judge had refused to grant the declaration sought. The Court of Appeal, Civil Division, allowed the claimant's appeal and made a declaration that: (i) on the proper construction of the foundation clause in the policy, the crane had been a 'superstructure' within the meaning of the policy; (ii) the works carried out by the defendant in constructing the crane base and installing the dowel bars had been foundation works within the meaning of the policy; and (iii) any liability that might be established against the defendant in respect of the damage to the crane itself was a liability excluded under the foundation clause.
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