Federal Court of Australia
Federal Court of Australia
XL Insurance Company SE, trading as Brooklyn Underwriting v Kerembla Pty Ltd [2023] FCAFC 183 Appeal from: Kerembla Pty Ltd v XL Insurance Company SE, trading as Brooklyn Underwriting [2023] FCA 769
File number: NSD 768 of 2023
Judgment of: LEE, Stewart and cheeseman jj
Date of judgment: 23 November 2023
Catchwords: INSURANCE – indemnity sought pursuant to public and product liability insurance policy – claim in relation to collision of mining equipment with bridge – where parties accepted insuring clause responds to claim – proper construction of "write-backs" to an exclusion clause – where primary judge did not err in finding appellant liable to indemnify respondent – appeal dismissed
Cases cited: Aorangi v Brambles Aust Ltd [2001] QCA 200 Dalby Bio-Refinery Ltd v Allianz Australia Insurance Limited [2019] FCAFC 85 Darlington Futures Ltd v Delco Australia Pty Ltd (1986) 161 CLR 500 Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7; (2014) 251 CLR 640 Johnson v American Home Assurance Company (1998) 192 CLR 266 McCann v Switzerland Insurance Australia Ltd [2000] HCA 65; (2000) 203 CLR 579 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37; (2015) 256 CLR 104 Selected Seeds Pty Ltd v QBEMM Pty Ltd [2010] HCA 37; (2010) 242 CLR 336 Wilkie v Gordian Runoff Ltd [2005] HCA 17; (2005) 221 CLR 522
Division: General Division
Registry: New South Wales
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