petem
Well-Known Member
No. the meaning of the word "including" is clear and does not convey such a meaning. There is a legal canon of construction (in Uk and derivative laws) called ejusdem generis which sort of says that if you want a clause to apply to something not on the "including" list then that something must be of a similar kind to the things on the list. But that absolutely does not create the undermining that you mention - indeed it does the opposite.
Thanks for taking the time to explain. To apply this to my original question I can't see how the accidental discharge of the fire extinguisher is of the same kind of risk as any of the ones listed in GJW's "including" list. In which case would you be back to arguing that the "including" list is not exhaustive?
All seems a lot more complicated that "Y's" policy that doesn't list the accidental damage risks; in which case all you'd have to argue was that the event was an accident in the ordinary meaning of the word (which of course an accidental discharge of a fire extinguisher would be).