Forrest and Forrest v Insurance Australia Limited t/as NRMA Insurance

[2012] ACTSC 47

Supreme Court of the ACT

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Preliminary discovery
3. › Discovery to identify right to claim relief
4. › Whether applicants have sufficient information to decide whether to start a proceeding
5. › Insurance claim refused on grounds of fraud
6. › Court Procedures Rules 2006 (ACT), r 651
1. Practice and Procedure
2. › Preliminary discovery
3. › Discretion to refuse production
4. › Markus discretion
5. › Whether applicable to preliminary discovery under r 651
6. › Whether partial disclosure of investigation report relevant to exercise of discretion
7. › Court Procedures Rules 2006 (ACT), r 651(5)
1. Insurance
2. › Home contents insurance
3. › Refusal of claim on grounds of fraud
4. › Insured's right to enforce claim
5. › Whether insured needs access to insurer's investigation report to decide whether to commence proceedings
6. › Insurance Contracts Act 1984 (Cth), s 56

Quick Take

The Markus discretion to refuse production of investigation reports applies to applications for preliminary discovery under r 651 of the Court Procedures Rules 2006 (ACT). However, an insurer that has partially disclosed the contents of an investigation report may find it difficult to rely on the Markus discretion to resist production of the full report. Insured persons whose claims have been refused on grounds of fraud, and who know the basis of the refusal, are unlikely to satisfy the threshold requirement of r 651(1)(b)(i) that they cannot obtain sufficient information to decide whether to commence proceedings.