New Article Published in the Journal Insurance in Law and Business (VRW): „Damage Caused During Remedial Work under Liability Insurance“
Attorneys Dr. Georg Seebacher and Dr. Georg Jeremias analyze the latest case law of the Austrian Supreme Court (OGH) and the insurance law principles governing damage caused during remedial work in the current issue of Insurance in Law and Business (VRW).
Commercial general liability insurance does not cover warranty claims or contractual performance obligations. Consequently, insurance coverage for damage caused during remedial work exists only where it has been expressly agreed, and the precise scope of coverage depends largely on the wording of the relevant policy clause.
Recent OGH case law demonstrates how challenging it can be in practice to distinguish between defects, consequential damage resulting from defects, and damage caused during remedial work. For companies operating in the construction and construction-related industries in particular, it is therefore worthwhile to review their existing insurance coverage carefully.
In the event of a claim, precisely drafted policy wording and adequately sized sublimits can make a decisive difference.
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