WSP Structures Pty Ltd v Liberty Mutual Insurance Company t/as Liberty Specialty Markets [2023] FCA 1157

Federal Court of Australia

WSP Structures Pty Ltd v Liberty Mutual Insurance Company t/as Liberty Specialty Markets [2023] FCA 1157 File number: NSD 212 of 2022

Judgment of: COLVIN J

Date of judgment: 28 September 2023

Catchwords: INSURANCE - application for declarations and indemnity payments against insurers - where proper construction of insurance contract in issue - where second and third respondents provided excess layers of cover on the same terms as the first respondent's policy - where second and third respondents contend applicant is not an insured - where design and construct contract entered into by named insured - where applicant claims to be covered as a subcontractor included in definition of insured - held applicant was an insured INSURANCE - claim that applicant had been granted indemnity by its professional indemnity insurers - whether loss had been met by professional indemnity insurers thereby giving rise to a defence to applicant's claim to indemnity by second and third respondents - held no indemnity provided by professional indemnity insurers INSURANCE - where second and third respondents claim applicant's parent company the proper party to bring claim - where applicant's liability to make payment has been discharged by parent company- where applicant legally liable to make payment covered by the indemnity - held applicant's parent company was not the proper applicant for a claim under the policy INSURANCE - where respondents claim that applicant has not suffered loss as payment has been made by applicant's parent company - consideration of indemnity principle - where payments not made in circumstances that give rise to application of indemnity principle - held applicant entitled to claim indemnity from insurers