QBE Insurance (Australia) Limited v Lumley General Insurance Limited

[2009] VSCA 124

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Insurance
2. › Contribution between insurers
3. › Double insurance
4. › Separate policies covering head contractor and sub-contractor
5. › Whether common insured covered under both policies
6. › Whether payment made on behalf of common insured
7. › Whether time for determining double insurance is time of insuring clause event
8. › Insurance Contracts Act 1984 (Cth), ss 48, 54, 76
1. Insurance
2. › Insurance Contracts Act 1984 (Cth)
3. › Section 48
4. › Entitlement of named persons to claim
5. › Whether authorisation or ratification by named insured required as precondition to coverage
6. › Whether claim by named insured required as precondition to coverage
1. Insurance
2. › Contribution between insurers
3. › Principles governing contribution
4. › Rationale and purpose
5. › Avoidance of unjust enrichment
6. › Whether subsequent events affect contribution rights
7. › Whether failure to make claim defeats contribution
1. Appeal
2. › New grounds on appeal
3. › Whether leave should be granted to raise new issue not raised at trial
4. › Whether prejudice to respondent

Quick Take

The time for determining whether double insurance exists is ordinarily the time of the 'insuring clause event' — the event that triggers cover under the insuring clause — and subsequent events such as failure to make a claim, settlement, or release do not defeat contribution rights. Section 48 of the Insurance Contracts Act 1984 (Cth) confers rights on named insureds without requiring any act of authorisation, ratification or engagement of the policy. The question whether the insuring clause event principle applies equally to claims-made and reported policies was left open.