Question
ABC Ltd are licensed by the government to operate a quarry. The licence applies strict terms in relation to the noise levels, hours of operating
ABC Ltd are licensed by the government to operate a quarry. The licence applies strict terms in relation to the noise levels, hours of operating and goods that can be contained on the land.
A new private housing scheme has been occupied in recent months. The locals have complained to the management company about the noise levels and dust that comes from the quarry.
Some employees have started parking their cars in the car parking spaces allocated to the individual house owners in the private estate.
An incorrect strength of explosive was used for blasting and it caused damage to neighbouring properties. ABC's public liability policy included a warranty that required that the explosives be approved by a senior engineer before use, but this had not been done.
Question:
Discuss whether the policy will respond to indemnify the insured against the claims for damage to the neighbouring properties, citing relevant case law. (12 marks)
I DO NOT WANT A ANSWER WHICH DOES NOT MAKE SENSE, PLEASE TAKE TIME AND OUTLINE UK/IRISH CASE LAW WHICH IS RELEVANT.
ANSWER THE QUESTION WHICH IS BEING ASKED DO NOT GO OFF TOPIC !!!!!!!!!!!!!
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