High Court confirms insurer is not liable in contribution for HIH scheme payouts

HIH Claims Support Ltd v Insurance Australia Ltd [2011] HCA 31 (22 August 2011)

In brief: Dismissing an appeal against a decision of the Victorian Court of Appeal, the High Court has determined that the doctrine of equitable contribution should not be extended to allow contribution claims to be made against an insurer by the administrator of the federally funded HIH policyholder relief scheme. The High Court held that the administrator’s obligations were not coordinate with an insurer’s liability to pay a claim under an insurance policy it had issued in respect of the liability giving rise to a payment the scheme made. Partner Dean Carrigan (view CV), Senior Associate Andrew Byrne and Lawyer Alice Dillon report on the High Court’s decision.

Reproduced with permission of Allens and in accordance with their terms of use.

 

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