Admiral International Pty Ltd v Insurance Australia Ltd

• 1. Appeal
  2. › Appeals from findings of fact
  3. › Circumstantial proof
  4. › Inferences from primary facts
  5. › Whether strands of circumstantial reasoning capable of sustaining ultimate conclusion
  6. › Standard of proof in civil fraud cases
  7. › Briginshaw v Briginshaw (1938) 60 CLR 336
  8. › Evidence Act 1995 (NSW), s 140(2)
• 1. Insurance
  2. › Property insurance
  3. › Industrial special risks policy
  4. › Fraud exclusion
  5. › Theft from and subsequent arson of bonded warehouse
  6. › Whether controlling mind and will of insured company had requisite knowledge of and connivance in theft and arson
  7. › Whether insurer entitled to deny indemnity
• 1. Insurance
  2. › Liability insurance
  3. › Reasonable precautions clause
  4. › Whether insured failed to take reasonable precautions to secure warehouse
  5. › Whether deliberate acts of employee acting outside scope of authority attributable to insured
  6. › Fraser v B N Furman (Productions) Ltd [1967] 1 WLR 898
• 1. Insurance
  2. › Duty of utmost good faith
  3. › Whether insurer's denial of indemnity and allegation of arson constituted breach of duty of utmost good faith
  4. › Whether insurer had reasonably arguable basis for denial
  5. › Insurance Contracts Act 1984 (Cth), s 13

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