Section 45 of the Insurance Contracts Act 1984 (Cth) only voids 'other insurance' clauses where the insured has 'entered into' both contracts of insurance as a contracting party; being named as an 'Additional Insured' or being a subsidiary of the contracting party is insufficient. An insurer who has provided indemnity under one policy cannot re-characterise that indemnity as a loan by deed to enable the insured to claim the same amounts from a second insurer; the proper remedy is a contribution claim between insurers. An insured who withholds documents an insurer is contractually entitled to require under the policy cannot complain that the insurer has failed to determine indemnity.
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