Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Epsilon Insurance Broking Services Pty Ltd v Liberty Managing Agency Limited (No 2) [2020] FCA 20 File number: NSD 52 of 2019
Judge: ALLSOP CJ
Date of judgment: 23 January 2020
Catchwords: INSURANCE – where insured covered by applicant under combined business liability policy and by respondents under management liability policy – where insured charged, convicted and sentenced for pollution offence following incident at site resulting in diesel spill – whether respective policies respond to provide cover for steps taken by the insured taken to prevent, mitigate or rectify property damage arising or continuing out of the diesel spill – whether respondent insurers liable to contribute for equitable share of cover – respondent insurers not liable to contribute
Legislation: Insurance Contracts Act 1984 (Cth), s 54 Marine Insurance Act 1903 (Cth), s 84(4)
Cases cited: Emperor Goldmining Co Ltd v Switzerland General Insurance Co Ltd [1964] 1 Lloyd's Rep 348 Fenton v The Queensland Insurance Company Limited (1915) 11 Tas LR 125 Guardian Assurance Co Ltd v Underwood Constructions Pty Ltd (1974) 48 ALJR 307 Lake v Simmons [1927] AC 487 Malamit Pty Ltd v WFI Insurance Ltd [2017] NSWCA 162 Re Mining Technologies Australia Pty Ltd [1999] 1 Qld R 60 Vero Insurance Ltd v Australian Prestressing Services Pty Ltd [2013] NSWCA 181 Yorkshire Water Services Ltd v Sun Alliance & London Insurance Plc [1997] 2 Lloyd's Rep 21
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