Tag archives: commercial purpose

WA Court of Appeal plugs leaky District Court judgment and construes insurance policy in favour of insurer

In the recent Western Australian Court of Appeal decision of WFI Insurance Ltd v Manitowoq Platinum Pty Ltd & Ors [2018] WASCA 89, the former Chief Justice rejected the District Court judge’s interpretation of a condition in a business liability insurance policy that the insured had relied upon to deny indemnity. Summary The District Court … Continue reading

We don’t have your back: the importance of clear drafting in reinsurance contracts

A recent NSW Court of Appeal decision highlights the importance of clearly defining the scope of reinsurance cover, rather than relying on a presumption that cover will always be held to be back-to-back with the underlying insurance:  Metlife Insurance Ltd v RGA Reinsurance Company of Australia Ltd [2017] NSWCA 56 Retreat from the treaty In … Continue reading
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