Construction insurance: maintenance periods; products

The decision of Lee J in the Federal Court of Australia in Icon Co (NSW) Pty Ltd v Liberty Mutual Insurance Company Australian Branch [2020] FCA 1493 concerned claims under two separate liability policies. The Liberty Policy was a construction cover, the question being whether its run-off provisions applied to losses occurring the one-year maintenance period after practical completion. The QBE policy covered products liability, the question being whether a building was a “product”.

Icon : the facts