Operation of a structural defects insurance policy by the Court of AppealDecember 2019
Earlier this year, we considered the judgment of the Technology and Construction Court (“TCC”) in Zagora Management Ltd and others v Zurich Insurance plc and others . In our article (here), we focused on the court’s consideration of claims against the Approved Inspector (“AI”) and noted, in particular, the high hurdle a claimant must overcome in order to succeed in such a claim. The Court of Appeal has now considered the conclusions of the TCC on a different issue – maximum liability – in the case of Manchikalapati & others v Zurich Insurance PLC (T/A Zurich Building Guarantee & Zurich Municipal) and East West Insurance Company Ltd .
In this article, Joanna Lewis and Sophie Bryant discuss this case and, in particular, the courts’ increasing tendency to lean towards interpretations based on the “natural and ordinary meaning” of the words used.
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