University loses appeal over WW2 bomb damage
- Published
The University of Exeter has lost its appeal to get an insurance payout for the damage caused by a controlled detonation of a World War Two bomb.
The explosion of the 1,000kg (2,200lb) bomb in February 2021 damaged several university buildings, including halls of residence.
The Court of Appeal in London ruled in favour of Allianz Insurance,, external which said it was not liable.
The university said it was "extremely disappointed" by the judgment.
The bomb, which was discovered by contractors near the university campus, led to a major evacuation of residents and students from buildings.
The high-explosive bomb had been dropped by German forces in 1942 and was nicknamed "the Hermann" after Hermann Goring - Adolf Hitler's second in command.
The university claimed under its Allianz policy for the cost of repairs and the disruption to its business, but the insurer rejected the claim, citing an exclusion clause that said the damage was "occasioned by war".
The university argued that the loss was caused by the deliberate act of the bomb disposal team, not by the original dropping of the bomb by the German air force in 1942.
The bomb disposal team said the poor condition of the bomb meant it could not safely be removed for a controlled explosion.
'Legitimate claim'
The Court of Appeal ruled on Thursday that the losses resulted from two approximately equal causes, the dropping of the bomb and its detonation, and that the former was an "act of war".
It follows a High Court win for the insurer in March.
The university said in a statement: "We are extremely disappointed by the outcome of the appeal hearing.
"The university believes this was a legitimate insurance claim for damage caused by an incident off site and outside any control.
"However, we will accept the judgment."
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