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High Court determines leaky defect exclusion

On 21 June 2021, the High Court handed down its substantive decision on the application of a leaky defect exclusion against a mixed defect claim in Napier City Council v Riskpool. The High Court upheld Riskpool’s declinature of a defective building claim for Waterfront Apartments by Napier City Council. In doing so, it addressed issues of interpretation, the de minimis doctrine and duties of good faith.

W+K’s Mathew Francis, Michael Cavanaugh and Meredith Karlsen look at this significant decision and the guidance it provides on an increasingly common and fraught insurance issue.

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© Wotton + Kearney 2021
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