New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Insurance law


  1. 09/09/2016
    Insurance law: double insurance; policies containing “other insurance” clauses; application of the Insurance Contracts Act 1984 (Cth), s 45; whether insurer A entitled to resist providing indemnity on the basis that insured had already been indemnified by insurer B; effect of deed which purported to re-characterise indemnity provided by insurer B as a limited recourse loan; obligations of insured to provide documents to determine whether conditions precedent to cover satisfied; legal professional privilege claim over documents; whether proceedings commenced prematurely

    Lambert Leasing Inc. v QBE Insurance (Australia) Ltd  [2016] NSWCA 254
  2. 25/08/2016
    Insurance law: indemnity insurance; crop insurance policy; crop unharvestable due to occurrence covered by policy; respondent insurer rejected claim; primary judge upheld claim in part; acceptance of reasoning of experts by primary judge; whether expert opinions and underlying assumptions were inconsistent with other findings of primary judge; whether error in adopting those opinions

    T&T Investments Australia Pty Limited v CGU Insurance Limited  [2016] NSWCA 227
  3. 07/07/2016
    Insurance law: public liability policy; exclusion; construction; whether injury to worker performing work for benefit of insured; whether business of employer included supply of labour; whether work performed in part under the care, control, direction or supervision of the insured.

    Penrith City Council v Healey; GIO General Ltd v Healey  [2016] NSWCA 161
  4. 23/05/2016
    Insurance law: policy insuring vehicle against destruction by fire; insurer denied indemnity and alleged insured was complicit in vehicle’s destruction; whether primary judge reversed onus of proof; whether primary judge erred in admitting expert evidence as to engine immobiliser; whether primary judge erred in admitting records made by police relating to the incident; whether primary judge erred in concluding that insurer had established the exclusion applied; appeal allowed and judgment entered in favour of insured.
    Averkin v Insurance Australia Ltd  [2016] NSWCA 122
  5. 07/04/2016
    Insurance law: group life insurance policy taken out by trustee of superannuation fund; benefit for TPD payable if Insured Person provided proof to satisfaction of insurer that he or she was so incapacitated as to be “unlikely ever” to return to employment for which he or she was reasonably qualified by education, training or experience; proper construction of “unlikely ever”; whether obligation to accord procedural fairness waived; whether insurers breached obligations to Insured Person by rejecting claims; proper approach to construing letter declining cover; whether, if breach established, claim should be determined by court or remitted to insurer; whether Insured Person satisfied TPD definition.
    TAL Life Ltd v Shuetrim; MetLife Insurance Ltd v Shuetrim  [2016] NSWCA 68
  6. 07/04/2016
    Insurance law: commercial motor vehicle policy; height of excavator carried on vehicle exceeded low clearance height and struck spans of Hexham Bridge; whether insurers entitled to rely upon exclusion in respect of damage caused by recklessness and breach of condition as to taking of reasonable care; onus of proof in relation to compliance with condition; whether employee’s conduct in driving onto or over bridge involved failure to take such precautions as he considered reasonable having regard to risk recognised; whether primary judge erred in finding insurer entitled to refuse indemnity by reason of employee’s recklessness; whether obligation imposed by condition to comply with statutory obligations absolute.
    Barrie Toepfer Earthmoving and Land Management Pty Ltd v CGU Insurance Ltd  [2016] NSWCA 67
  7. 09/12/2015
    Insurance law: motor vehicle insurance; third party insurance; defective vehicles; recourse of insurer whether unauthorised use of ineffective or defective vehicles; ineffective control of vehicle; Legal and General Insurance v Eather (1986) 6 NSWLR 390 cited; Mead v Allianz Insurance Ltd [2006] NSWSC 366 cited; appeal dismissed
    Motor Accident Commission v Dinh  [2015] SASCFC 184
  8. 02/12/2015
    Insurance law: third party vehicle insurance; scheme for assessment of claims under the Motor Accidents Compensation Act 1999 (NSW); initial admission of liability pursuant to s 81; whether admission binding for all purposes; whether exemption from assessment pursuant to s 92(1)(a) available; whether exemptions relating to fraud distinguishable
    QBE Insurance (Australia) Ltd v Mordue  [2015] NSWCA 380
  9. 02/09/2015
    Insurance law: whether vehicle stolen; trial judge not satisfied on balance of probabilities that vehicle stolen; Insurance Contracts Act 1984 (Cth) s 56; dishonest intent to induce false belief in insurer for purpose of obtaining benefit; specific finding of fraud required
    Sgro v Australian Associated Motor Insurers Ltd  [2015] NSWCA 262
  10. 08/07/2015
    Insurance law: insurance contract; Australian Securities and Investments Commission Act 2001 (Cth), ss 12CA, 12CB, 12DA and 12GF; misleading or deceptive conduct by omission of information; renewal of annual home insurance policy; whether insurer’s failure to invite renewal or to indicate that renewal would not be invited was misleading or deceptive conduct in circumstances where the insurer was separately dealing with insured in relation to a claim under an earlier policy; whether conduct gave rise to a reasonable expectation that the policy had been renewed or extended; renewal of home insurance policy; failure of insurer to give notice of expiry of insurance cover under s 58 of the Insurance Contracts Act 1984 (Cth); nature of statutory policy for insurance arising under s 58
    Allianz Australia Insurance Ltd v Haddad  [2015] NSWCA 186