Seele Austria GmbH Co v Tokio Marine Europe Insurance Ltd

Under a project/Contractors' All Risks policy whose defects exclusion is qualified by a memorandum (DE/Memorandum 18(3)), the cost of remedial works necessarily carried out to non-defective insured property to enable rectification of defective work and preserve the building's physical integrity is recoverable, even though the cost of making good the defective work itself is excluded.