High Court Finds WWII Bomb Damage To Be Within The Scope Of War Exclusion Clause

• Author: Mr Ashley Pigott, Samantha Holland, Emma Knight and Jatinder Sahota
• Law Firm: Gowling WLG
• Published date: 13 April 2023

In the case of Allianz Insurance plc v University of Exeter, the Technology and Construction Court (TCC) held that damage caused by the controlled detonation of a World War II bomb fell within the scope of a War Exclusion clause. As a result, the Court granted the declaration sought by Allianz that it was entitled to decline the University's insurance claim.

Background facts

• In February 2021, contractors working on a site adjacent to the University of Exeter's campus unearthed an unexploded bomb. A safety cordon was immediately imposed around the site, initially at a 100-metre radius and then expanded to 400 metres, and various halls of residence were evacuated.
• The Army's explosive ordnance disposal team were called in to identify the bomb, which was confirmed to be a 1000kg / 2,200lb high explosive bomb dropped by German forces in 1942.
• Due to the bomb's degraded condition, it was decided that the only realistic course of action was to detonate the bomb on site - which despite the mitigation measures adopted by the disposal team, nevertheless caused some damage to surrounding halls of residence.
• The University of Exeter submitted an insurance claim in respect of both the physical damage and business interruption due to the temporary re-housing of students.
• Allianz declined the University's claim on the...