Compensation for the product from legal liability insurance policy

• The entity causing the damage is the designer that created defective product and the contractor for assembly works;
• The damage (approx. 1 million PLN) consists in placing a defective product (e.g. roof structure) which, as a result of shrinkage, caused the entire structure to unseal and as a result a need to replace the defective element with a defect-free element occurs;
• Depending on the insurer and the scope of cover itself, only the costs of removal (work, scaffolding, cranes) and the costs of delivering the product free from defects may be covered; individual extensions may be used, e.g. to the costs of transportation of the defective material, others;
• What is not subjected to insurance: only the cost of a new, non-defective product? Or nothing?

Interpretation problem: instead of replacing the defective product with a new one, the contractor used a different product, located additionally at the place where the damage occurred, which allowed to reduce repair costs.

The insurer may take the position (the qestion is if wrong?) that another product is the cost of a new, flawless product and no compensation can be paid for this amout of the costs.