Insurance

Date Name of the matter Citation/Court Detail
11/06/2010 Alstom Limited v Liberty Mutual Insurance [2010] FCA 588 Marine insurance. Gas turbine transformers damaged during sea voyage. Claim for production of documents in possession of Indian manufacturer relevant to packing
01/04/2009 Phillips v ING Life Limited [2009] FCA 283

Life insurance contract. Barrett's oesophagous. Whether non-disclosure or misrepresentation. Whether waiver of duty of disclosure. Compliance with s.29(4) of Insurance Contracts Act 1984 (Cth).

This decision was the subject of an appeal to the Full Court of the Federal Court (on grounds of misapprehension of medical evidence and erroneous finding as to who was the insured's personal representative).The appeal was fully argued but the case settled before an appeal judgment was delivered
15/05/2008 A Goninan Ltd v Direct Engineering Services Pty Ltd (No.2) [2008] WASCA 112 Subrogated claim by insurer. Agreement by contractor to obtain insurance for sub-contractors. Damage by fire to construction works by sub-contractor's negligence. Insurance of sub-contractors. Application for special leave to appeal to the High Court dismissed [2008] HCATrans 380
11/12/2007 Vero Insurance Ltd v Harden-Jones [2007] WADC 210 Housing indemnity insurance. Whether indemnity by builder re-insurance. Illegality. Application to strike out pleading.
19/06/2007 Vero Insurance Ltd v Harden-Jones [2007] WADC 98 Housing indemnity insurance. Whether indemnity by builder re-insurance. Illegality. Summary judgment.
08/06/2006 Allison Pty Ltd v Lumley General Insurance Ltd ("Pilbara Pilot") [2006] WASC 104 Marine insurance. Loss of vessel in cyclone. Whether claim excluded because vessel not moored on cyclone proof mooring.
11/10/2005 Allianz Australian Insurance Ltd v Peters & Brownes Group [2005] WASCA 195 Dispute between workers' compensation insurers. Liability to indemnify employer
12/08/2005 Techfarm Pty Ltd v AXA Insurance Australia Pty Ltd [2005] WASCA 151 Property insurance. Loss of orchids. Inspection of documents. Legal professional privilege. Investigation of insurance claim
30/07/2004 Techfarm Pty Ltd v AXA Insurance Australia Pty Ltd [2004] WASC 166 Inspection of documents. Legal professional privilege. Investigation of insurance claim
26/05/2004 Insurance Commission of Western Australia v Container Handlers Pty Ltd

[2004] HCA 24
(2004) 218 CLR 89

Compulsory third party injury motor vehicle insurance. Meaning of "directly caused by, or by the driving of, the vehicle".
05/08/2003 Gibbs v Mercantile Mutual Pty Ltd [2003] HCA 39
(2003) 214 CLR 604 		Marine insurance. Liability cover. Meaning of the "sea".
13/12/2001 Moltoni Corporation Pty Ltd v QBE Insurance [2001] HCA 73
(2001) 205 CLR 149		 Insurance contract. Employers’ indemnity. Loss of chance. Prejudice. Section 54 of the Insurance Contracts Act
16/11/2001 Thiess Contracts Pty Ltd v Norcon Pty Ltd [2001] WASCA 364 Contract to obtain insurance. Indemnity dispute. Public liability
29/08/2001 Mercantile Mutual Insurance v Gibbs & Ors [2001] WASCA 271
(2001) 24 WAR 453		 Marine insurance. Liability cover. Meaning of the "sea". Appeal to High Court of Australia dismissed [2003] HCA 39
05/06/2001 Packer v Cigna Insurance [2001] WASCA 171 Disability insurance.  Limitation period
13/02/2001 Leighton Holdings Ltd v HIH Casualty & General Insurance Ltd [2001] WASC 34 Construction insurance. Strike out.
17/01/2001 Benson Brown v HIH Casualty & General Ins [2001] WASC 6 Marine insurance . Non-disclosure. Alleged misrepresentation and arson.
22/12/2000 Packer v Cigna Insurance [2000] WASCA 415
(2000) 23 WAR 159		 Disability insurance. Limitation period
02/04/2000 QBE Insurance v Moltoni Corporation Pty Ltd [2000] WASCA 82
(2000) 22 WAR 148		 Employer’s liability insurance. Prejudice to insurer. Decision overturned by High Court of Australia [2001] HCA 73
14/01/2000 Packer v Cigna Insurance [2000] WADC 3 Disability insurance
12/11/1999 Morrell v Mercantile Mutual Insurance (1999) 21 WAR 451 Marine insurance. Procedure. Joinder of parties to appeal.
23/04/1999 Symons v Moltoni Corporation Pty Ltd District Court of WA Employer’s liability. Insurance indemnity.
21/04/1999 Morrell v Harford & Gibbs & Paraglide Pty Ltd District Court of WA Public liability. Marine insurance
30/07/1998 Fala v FAI Insurance District Court of WA
(1998) 19 SR(WA) 355		 Motor vehicle insurance. Alleged arson.
10/06/1998 Goldsworthy v Eltin Open Pit Operations District Court of WA Insurance. Indemnity. Public liability
09/04/1998 Woodside Petroleum Development Pty Ltd v H&R-E&W Pty Ltd & Ors (1998) 18 WAR 539 Marine insurance. Subrogation. Negligence. Engineers.
04/12/1997 Woodside Petroleum Development Pty Ltd v H&R-E&W Pty Ltd & Ors (1998) 18 WAR 539
(1998) 10 ANZ IC 61-395		 Marine insurance. Negligence. Engineers
21/08/1997 Murcia Holdings Pty Ltd v City of Nedlands Supreme Court of WA Municipal liability scheme cover. Statutory Authority liability. Economic loss. Alleged negligent representation and dealing with town planning
09/06/1997 Murcia Holdings Pty Ltd v City of Nedlands Supreme Court of WA Municipal liability scheme cover. Statutory Authority liability. Economic loss. . Alleged negligent representation and dealing with town planning
02/05/1997 Rose v SGIO Insurance Supreme Court of WA Motor vehicle insurance
28/02/1997 Sun Alliance & Royal Insurance v Brandrill & Goddard Insurance Brokers WA Full Court Public liability insurance
06/12/1996 Co-operative Bulk Handling Pty Ltd v Jennings Industries Ltd (1997) 17 WAR 257
(1997) 9 ANZ IC 61-355		 Employer’s indemnity. Public liability. Motor vehicle injury.
16/08/1996 Hacai Pty Ltd v Rigil Kent Pty Ltd WA Full Court Public liability insurance. Contribution. Lease.
06/03/1996 Kelly v New Zealand Insurance WA Full Court
(1996) 9 ANZ IC 61-317		 House contents insurance. S54.  Good faith.
01/09/1995 Co-operative Bulk Handling Ltd v Jennings Industries Ltd Supreme Court of WA
(1995) 8 ANZ IC 61-286		 Public liability insurance. Subrogation. Claim against co-insured.
08/12/1994 Brown v Hacai Pty Ltd District Court of WA Public liability insurance. Contribution. Lease
30/11/1994 Makowski v TVW Enterprises Ltd Supreme Court of WA Employers indemnity. Successive insurers. Issue estoppel
17/09/1993 Kelly v New Zealand Insurance Supreme Court of WA
(1993) 7 ANZIC 61-197		 Insurance. House contents. S54. Good faith.
21/05/1993 Caunt v Commercial Union District Court of WA House insurance.
04/06/1992 Frichot v RAC District Court of WA
(1994) 9 SR(WA) 147		 Motor vehicle insurance.
28/04/1992 Kelly v New Zealand Insurance Supreme Court of WA Household contents insurance. S54. Good faith.
06/12/1991 Andrew v Leighton Contractors Pty Ltd Trial - District Court of WA  
05/09/1991 GRE Insurance v Bristile WA Full Court
(1991) 5 WAR 440		 Mesothelioma. Insurance
22/03/1991 Bristile v Boules District Court of WA Mesothelioma. Insurance
12/07/1990 Co-operative Bulk Handling v SGIC WA Full Court
(1990) 3 WAR 145		 Insurance. Subrogation. Indemnity
10/08/1989 Cooperative Bulk Handling v SGIC Supreme Court of WA
(1988) 1 WAR 206		 Insurance. Indemnity