Liability insurance: scope of weathertightness exclusion

The New Zealand Supreme Court in Local Government Mutual Funds Trustee Ltd v Napier City Council [2023] NZSC 97 has upheld the decision of the Court of Appeal, [2022] NZCA 422, on the proper construction of a liability policy. The issues on the appeal were confined to the application of an exclusion clause where a claim resulted from apportionable insured and excluded causes.

Napier: the facts