Fahad Atta v HDI Global Specialty SE

Incorporation of a defective product does not automatically constitute damage to a building under English law; further damage is required for tortious liability.

Leading Court of Appeal decision (cited but not specified)

Causation of damage, not discovery, is critical for insurer liability under a liability insurance policy.

Implicit in paragraph [119] of the judgment

The words “arising out of” in an insurance policy require a degree of causal connection, which can include less immediate consequences.

Beazley Underwriting Limited v Travelers Companies Inc [2011] EWHC 1520 (Comm)

In liability insurance, the insurer's obligation to indemnify the insured relates to damage during the policy period.

Policy terms, clauses 13 and 16

A pre-existing contractual liability does not prevent recovery for a tortious liability arising from subsequent damage.

Judge's reasoning in paragraph 83 (no appeal against this section)

Allocation of damage between different policy periods is a matter for the trial judge's fact-finding.

Bolton MBC v Municipal Mutual Insurance [2006] 1 EWCA Civ 50 at [15]

In cases of progressive damage, if the cost of repair would have been the same at the end of the policy period, the insurer is liable for the full cost.

Performance Cars v Abraham [1962] 1 QB 33 (analogy)

A claim may fall under either the public liability or product liability section of a policy; they are mutually exclusive, and careful consideration of the policy terms is necessary to determine which section applies.

Aspen Insurance UK Limited v Adana Construction Limited [2015] EWCA 176