Construction insurance: maintenance periods; products

The Full Federal Court of Australia, in Liberty Mutual Insurance Co Australian Branch, trading as Liberty Specialty Markets v Icon Co (NSW) Pty Ltd [2021] FCAFC 126 has reversed the decision of Lee J in respect of 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