Tuesday 7 November 2023
By Appellant’s notice filed on 19 May 23, the Defendant appeals against the orders made by HHJ Bird (sitting as High Court Judge) dated 23 March (substantive) and 4 May (costs) .
The Claimant sought a declaration by Part 8 claim as to the applicability of a War Exclusion clause in the policy of insurance with the Defendant.
The dispute concerned the discovery and controlled detonation of an unexploded WWII bomb in February 2021 causing damage to D’s building.
The judge concluded that the damage fell within the exclusion clause because it was occasioned by war as the dropping on the bomb was the proximate cause of the damage.