Practitioners acting for financiers holding charges over insured property should ensure their client is named or referred to in the insurance certificate, as this may entitle the charge holder to enforce the policy directly against the insurer under both the Trident common law exception and s 48 of the Insurance Contracts Act 1984 (Cth), even if the insured deliberately destroyed the property. The insurer's liability to the named insured and the charge holder is several, not joint.
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