ARTICLE · 25 OCTOBER 2023

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Opal Tower defects liability case – Who can sue (and under what insurance policy)?

Kennedys

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Issues of dual insurance, when a non-contracting party may be an insured, and who may claim for a loss.

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On Christmas Eve in December 2018, cracking was observed in a high-rise, mixed-use residential and commercial building known as 'Opal Tower' (Building) while the project was still in the defects liability period. This lead to the evacuation of residents while rectification works were undertaken.

Various legal actions were brought against parties to the project including the original owner, the developer, the builder, the structural engineer, and the manufacturer of the precast panels, and their respective insurers.

This case involved a claim for indemnification brought by structural engineer, WSP Structures, under the builder, Icon's, policy of public liability insurance (Icon's PL Policy) following settlement of the substantive proceedings.

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