QBE Underwriting Ltd as managing agent for Lloyds Syndicate 386 v Southern Colliery Maintenance Pty Ltd

• 1. Insurance
  2. › Public and products liability policy
  3. › Construction of insuring clause
  4. › Scope of cover for labour hire company
  5. › Whether liability to principal for breach of contractual warranties fell within insuring clause
  6. › Whether insuring clause extended to adverse costs orders
• 1. Insurance
  2. › Public and products liability policy
  3. › Exclusion clauses
  4. › Assumed liabilities
  5. › Whether exclusion for liability assumed under contract applied where insured also liable for breach of ordinary contractual warranties
  6. › Whether insured would have been liable in absence of indemnity clause
• 1. Insurance
  2. › Duty of disclosure
  3. › Sufficiency of disclosure
  4. › Whether partial disclosure sufficient to discharge duty
  5. › Distinction between disclosure and knowledge
  6. › Whether communication to insurer's agent constituted disclosure to insurer
  7. › Insurance Contracts Act 1984 (Cth), ss 21, 28
• 1. Insurance
  2. › Indemnity
  3. › Reasonableness of settlement
  4. › Whether apportionment between insurers was reasonable
  5. › Onus on insured to establish reasonableness

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