A costs extension clause in a liability insurance policy that covers claims 'for which indemnity would be available' requires consideration of exclusion clauses, but the characterisation of the underlying claim must focus on its substance as litigated, not its initial formulation. The supply of a product, even a bespoke product selected to meet specifications, does not constitute the rendering of a 'professional service' for the purposes of a professional service exclusion clause in a products liability policy. An insurer relying on a design exclusion must establish a causal link between the insured's design activity and the notional liability.
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