December 2008
Canadian Underwriter;Dec2008, Vol. 75 Issue 12, p10
Trade Publication
The article discusses a court case wherein the plaintiff sought the validity of a policy exclusion for "faulty design" related to a damaged tunnel-boring machine. The Supreme Court of Canada overturned the Court of Appeal ruling that a design must take into account all foreseeable risks. The Court ordered the plaintiff to cover the costs on the ground that, although the machine's design proved to be defective, it was not faulty at the time the design was finalized.


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