Archive for the 'Insurance' Category

Insurer’s onus of proof in raising a limit on indemnity

Wednesday, March 31st, 2010

Wallaby Grip Limited v QBE Insurance (Australia) Limited; Stewart v QBE Insurance (Australia) Limited [2010] HCA 9 (30 March 2010)
Compulsory common law coverage in Queensland only commenced on 1 July 1963. In cases where injuries are latent and for instance, in occupational mesothelioma injuries where the exposure to asbestos occurred before this date; the proof of the existence of [...]

HCA – Transcripts for Special Leave (Brisbane)

Monday, March 15th, 2010

 

WorkCover Queensland v Amaca Pty Ltd & Anor [2010] HCATrans 48 (12 March 2010)
Public Trustee of Queensland v Fortress Credit Corporation (Aus) 11 Pty Ltd & Ors [2010] HCATrans 49 (12 March 2010)
Selected Seeds Pty Ltd v QBEMM Pty Limited & Ors [2010] HCATrans 50 (12 March 2010)
Spain v Workcover Queensland & Anor [2010] HCATrans [...]

WorkCover’s right to indemnity & proportionate liability

Monday, March 8th, 2010

WorkCover Qld v AMACA P/L & Anor [2009] QCA 72
It is timely to review the above case having regard to the Special Leave application before the High Court to be heard on 12 March 2010.
The agreed facts
[2] Rex Noel Thomson contracted mesothelioma as the result of exposure to asbestos in the course of his employment in [...]

Double Insurance/Contribution and the s45 of the ICA (Cth.)

Friday, January 15th, 2010

Zurich Australian Insurance Ltd v Metals & Minerals Insurance Pte Ltd [2009] HCA 50 (2 December 2009)
 
The appeal centred on section 45 of the Insurance Contracts Act 1984 (Cth.)
 
Section 45  provides:
“(1) Where a provision included in a contract of general insurance has the effect of limiting or excluding the liability of the insurer under the [...]

David Cormack, Barrister