Paul Reed QC successfully defended AXA Corporate Solutions against a claim brought by the Gleeson Group that they were entitled to be indemnified under the Public Liability section of a Construction All Risks insurance policy without having to prove there was damage. The Court applied Tesco Stores v Constable and construed the words “this Section of the Policy extends to indemnify” in an extension to cover in the Policy as requiring damage to have occurred under the Insuring Clause before the extension applied.
The dispute was in respect of the cost of rectifying defects at the Lucidus development in Watford. Paul was instructed by Kennedys.
For more information on the case, please refer to the judgment in Gleeson v AXA.