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New Zealand Municipalities Co-operative Insurance Co Ltd v Mount Albert City Council - [1983] NZLR 200
$30.00
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Court of Appeal Wellington
15, 16 March; 12 April 1983
Cooke, Somers and Jeffries JJ
15, 16 March; 12 April 1983
Cooke, Somers and Jeffries JJ
Insurance — Public liability policy contained exception clause stating that the policy did not cover "Liability in respect of . . . damage to property caused by or in connection with or arising from . . . Error or omission in design specification or advice . . . given . . . by the Insured" — Builder's specification accompanied building permit application — Building inspector added to that specification a list of bylaw requirements that included details of the foundations — These details were not designed for foundations on fill — The building was erected on filled land — Foundations proved inadequate and subsidence damaged property — Meaning of "specification" — Whether there was an error or omission in building inspector's specification — Whether exception clause in policy applied.
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