TPD – test for error in the insurer/trustee’s decision

Whether the primary judge erred in his approach to the task of the Court in reviewing the Insurer’s opinion that Mr Jones was not Totally and Permanently Disable. Hannover Life Re of Australasia Ltd v Jones [2017] NSWCA 233 Headnote: The Court (Gleeson JA, Macfarlan...

Construing exclusions in an insurance contract

The policy should be read on the assumption that the exclusions removed claims that would otherwise be within cover. Accordingly, the claim by the trustee against one of the named insured was brought by a “third party” within the insuring clause Malamit Pty Ltd v WFI...

Direct action against an insurer, s 6

    Wayland v Bird [2017] NSWCA 26   Section 6 of the Act provides as follows: 6   Amount of liability to be charge on insurance moneys payable against that liability (1)   If any person (hereinafter in this Part referred...

Accident, recklessness and insurance

Matton Developments Pty Ltd v CGU Insurance Limited [2016] QCA 208 Margaret McMurdo P: For the appellant to be deprived of the benefit of the accidental overload clause, the overloading and damage must have been expected (Westco Australia Pty Ltd v Manufacturers...