Liability insurance: property damage

In The Owners - Strata Plan No 91086 v Fairview Architectural Pty Ltd and Another [2023] FCA 814, Wigney J considered whether there had been "physical damage" where a defective product had been installed in buildings. This was not a simple case where the product could be replaced without harm to the buildings. By coincidence, the English High Court had faced pretty much the same question in Atta v HDI Global Specialty SE [2023] EWHC 2028 (KB); [2024] Lloyd's Rep IR Plus 11, previously discussed in Insurance Law Monthly.

Fairview: the facts