Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lowe v Certain Underwriters at Lloyd's of London Subscribing to Policy Number ATCSI00100 [2024] FCA 858 File number(s): NSD 1311 of 2023
Judgment of: JACKMAN J
Date of judgment: 2 August 2024
Catchwords: INSURANCE – professional sports person personal accident and sickness policy – where applicant retired from professional rugby league following a crusher tackle – meaning of "hemiplegia" INSURANCE – whether injury was caused by an accident "solely and independently of any other cause" – where injury was made worse as a result of a similar incident four years earlier
Cases cited: CGU Insurance Ltd v Porthouse [2008] HCA 30; (2008) 235 CLR 103 Fidelity and Casualty Company of New York v Mitchell [1917] AC 592 Jason v Batten (1930) Limited [1969] 1 Lloyd's Rep 281 L Schuler AG v Wickman Machine Tool Sales Ltd [1974] AC 235 Lasermax Engineering Pty Ltd v QBE Insurance (Australia) Ltd [2004] NSWSC 483 Lasermax Engineering Pty Ltd v QBE Insurance (Australia) Ltd [2005] NSWCA 66 Lipertis v Australian Casualty Company Pty Ltd [1983] 2 VR 280 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37; (2015) 256 CLR 104 Preston v AIA Australia Ltd [2014] NSWCA 165 Quasar Resources Pty Ltd v APG Aus No 3 Pty Ltd [2023] WASCA 171 Rheem Australia Pty Ltd v Mitsui Sumitomo Insurance Company Ltd [2023] FCA 1570 Silverstein v Metropolitan Life Ins Co (1930) 171 NE 914 (Court of Appeals of New York) Heydon, JD, Heydon on Contract (2019) [8.390
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