This is a CAR Policy covering unforeseen or accidental loss or damage to the insured
property occurring during erection, maintenance or testing work from any cause other than
specifically excluded.
We noted the policy is attached with Consequence of Defective Design, Workmanship and
Materials wording (DE3, 1995) which states;
"This policy excludes loss of or damage to and the cost necessary to replace, repair or
rectify
a) Property insured which is in a defective condition due to a defect in design, plan,
specification, materials, or workmanship of such Property insured or any part thereof.
b) Property insured lost or damaged to enable the replacement, repair or rectification of
Property insured excluded by (a) above.
Exclusion (a) above shall not apply to other Property insured which is free of the defective
condition but is damaged in consequence thereof.
For the purpose of the Policy and not merely this Exclusion, the Property insured shall not
be regarded as lost or damaged solely by virtue of the existence of any defect in design,
plan, specification, materials, or workmanship in the Property insured or any thereof."
Based on the above extension clause, we view that the loss as described falls within the
scope of exclusion a) and that the entire cost of the wall would be excluded accordingly.
Therefore, policy liability is not engaged.