This matter concerned an industrial special risk insurance policy which provided insurance cover against property damage and consequential loss of profit. The insurer had denied indemnity on the pleaded basis that the Insured had failed to take reasonable precautions, as required by the policy, and on the basis of section 56(1) of the Insurance Contracts Act 1984 (Cth). The Insurer's claims were rejected by the Court.
This matter concerned issues of indemnity and disclosure in relation to an industrial special risks insurance policy.
This matter concerned the application of a Industrial Special Risks insurance Policy that provided insurance cover for burglary and money in transit. The circumstances giving rise to the claim concerned losses sustained where employees of a company were robbed of significant sums of money when transporting the money to a bank. Questions of standard of proof (Briginshaw v Briginshaw (1938) 60 CLR 336 and Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449) and policy interpretation and construction were raised.
This matter included a claim for damages for breach of contract in consequence of failing to indemnify the plaintiff as a result of damage sustained in a fire.
