Construing exclusions in an insurance contract

Jul 12, 2017 | Contract, Insurance

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...

Construction and interpretation of contracts

Dec 8, 2016 | Contract

HP Mercantile Pty Ltd v Hartnett [2016] NSWCA 342   Applicable principles of construction 127 It is idle to pretend that the questions of construction raised on this appeal are anything other than contestable. I should acknowledge at the outset that although I...

Contract: objective approach

Aug 2, 2016 | Contract

Angas Securities Ltd v Small Business Consortium Lloyds Consortium No. 9056 [2016] NSWCA 182 Leeming JA All this accords with the “principle of objectivity” which is central to contractual construction. In Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; 219...

Insurance – construction of policy

Feb 23, 2016 | Insurance

Todd v Alterra at Lloyds Ltd (on behalf of the underwriting members of Syndicate 1400) [2016] FCAFC 15 ALLSOP CJ, GLEESON J; 21 …The one contentious issue was the proposition, contained in paragraph 13 of the insurers’ written submissions, that was adhered to by...
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