Marketform Managing Agency Ltd v Amashaw Pty Ltd

• 1. Insurance
  2. › Insurance Contracts Act 1984 (Cth)
  3. › Duty of disclosure
  4. › Innocent non-disclosure
  5. › Whether reasonable person in insured's circumstances could be expected to know existing site contamination was relevant to insurer's underwriting decision
  6. › Whether contamination materially different from what insurer could assume to exist for property used as service station
  7. › Insurance Contracts Act 1984 (Cth), ss 21(1), 28(3)
• 1. Insurance
  2. › Liability insurance
  3. › Public liability
  4. › Pollution cover
  5. › Whether liability for Damage occurring in its entirety during period of insurance and arising out of Pollution
  6. › Whether pollution the direct result of sudden, specific and identifiable event during period of insurance
  7. › Whether indemnity extended to preventative interception works or only to remediation of existing contamination
• 1. Torts
  2. › Private nuisance
  3. › Substantial interference with enjoyment of rights in land
  4. › Whether unknown presence of risk of fire or explosion could constitute nuisance
  5. › Whether interference occurred upon arrival of contaminants or only upon discovery of risk
  6. › Whether continuing nuisance gives rise to fresh cause of action at every moment it subsists

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