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Brian Leighton Garages v. Allianz Insurance [2022] EWHC 1150

In Brian Leighton Garages v. Allianz Insurance [2022] EWHC 1150 (Comm) buildings and ground were saturated with fuel from a leaking underground petrol line.  The owners were insured under a combined policy providing cover for damage to property.  The cover had a term excluding:

Damage caused by pollution or contamination, but [Insurers] will pay for Damage to the Property Insured not otherwise excluded, caused by

(a) pollution or contamination which itself results from a Specified Event

(b) any Specified Event which itself results from pollution or contamination”.

The insured contended that the damage to the buildings and ground was the contamination with fuel but that the damage was not caused by pollution or contamination for the purposes of the exclusion.  The insured also contended that, as a matter of interpretation, the exclusion was limited to “environmental” pollution or contamination of subsoils and groundwaters only.  The High Court disagreed on both counts.

Jason Evans-Tovey acted for insurers.

You can view of a copy of the judgment here.

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