LMT Surgical Pty Ltd v Allianz Australia Insurance Ltd [2013] QSC 181

LMT Surgical Pty Ltd v Allianz Australia Insurance Ltd [2013] QSC 181

 

JUDGE: Jackson J 
ORDERS: The judgment of the court is: 

1.   declare that the liability of the defendant to indemnify the plaintiff for damage, within the meaning of section 1 or section 2 of the policy of insurance referred to in the statement of claim, occasioned by the inundation of the insured premises at unit 11/97 Castlemaine St Milton in the state of Queensland on or about 11 January 2011 is not excluded by clause 3 of the perils exclusions of the policy.

 

2.   order that the defendant pay the plaintiff’s costs calculated on the indemnity basis of the proceeding to be assessed.

 

CATCHWORDS: INSURANCE – PROPERTY AND PECUNIARY LOSS INSURANCE – CONDITIONS, WARRANTIES AND EXCEPTIONS – FLOOD DAMAGE – where the plaintiff had insurance in relation to a property in Milton – where plaintiff’s premises was inundated by water from local run-off and from a back-flow of water from the Brisbane River through two local storm water drainage pipes – where the insurance policy contained a clause that exempted the insurer from being liable if “damage occasioned by or happened through flood” – whether water overflowed from the normal confines of a natural watercourse – whether insurer liable to indemnify plaintiff. 

 

David Cormack – Brisbane Barrister.  

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