Tag archives: policy interpretation

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

Which principles should be applied when interpreting insurance policies?

A recent Victorian Supreme Court decision has confirmed that a court, when interpreting a policy of insurance, will assess the matters by reference to the ‘natural and ordinary meaning’ of the word/clause.  Simple, right?  But determining the ‘natural’ or ‘ordinary’ meaning of words is not always straightforward and rarely receives universal acceptance. Guastalegname v Australian … Continue reading

The Insurance List for short matters – a work in progress?

In March 2016 the Chief Justice of the Federal Court of Australia established an Insurance List for short matters (List). While the List did not see much activity in the first six months, the flurry of recent decisions gives some clue as to how the List has been operating. The List operates across all registries … Continue reading
LexBlog