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New judgment on business insurance - recourse - late notification of claim

New judgment on business insurance - recourse - late notification of claim

A recent judgment considers several issues relating to construction insurance in a recourse action brought by the responsible subcontractor's liability insurance against the construction insurance taken out by the owner with the contractor and subcontractors as co-insured. The judgment considered, among other things, what was to be regarded as direct and indirect damage, respectively. It also ruled on whether the damage could be considered to have occurred during the insurance period when the building was under construction or a subsequent remedial period, which had an impact on the scope of the cover. Finally, the judgment considered whether the claimant could be held responsible for the fact that the damage had only been reported to the construction insurance company at a very late stage, when it was no longer possible to influence the handling of the claim, etc.

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