An exclusion clause in a liability insurance policy that excludes cover for breach of duty as 'owner or occupier' does not apply where the insured's liability arises from conduct in constructing a building rather than from the status of ownership. The words 'owner or occupier' in such a clause import ownership as an essential ingredient of the liability, not merely as a description of the insured's identity. Where an owner/builder's duty of care arises from the activity of building, ownership merely provides the capacity to undertake the work and is not the source of the duty breached.
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