MBF Life Limited v Rowena Marchant [2006] NSWCA 363

Reported Decision : (2007) 14 ANZ Insurance Cases 90-128

New South Wales Court of Appeal

CITATION: MBF Life Limited v Rowena Marchant [2006] NSWCA 363 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 7 September 2006

JUDGMENT DATE: 15 December 2006

JUDGMENT OF: Handley JA at 1; Beazley JA at 2; Santow JA at 42

DECISION: The appeal is dismissed with costs.

CATCHWORDS: INSURANCE – accidental death insurance policy – whether death while undergoing chemotherapy treatment was an "accident" within the terms of the policy – whether chemotherapy treatment was an "event" – whether the life insured suffered physical injuries caused solely by violent, visible and external means - INSURANCE – insurance policy as a commercial contract – construction of insurance policy – interpretation according to language, commercial circumstances, and the objects of the policy – proximate cause of loss and damage

Australian Casualty Co Limited v Federico (1986) 160 CLR 513 Hamlyn v Crown Accidental Insurance Co [1893] 1 QB 750 Henley v Mutual Accident Association, 133 Ill 556 (1890) Lasermax Engineering Pty Limited v QBE Insurance (Australia) Limited & 2 Ors [2005] NSWCA 66 MacGillivray on Insurance Law, N Legh-Jones et al (9th ed, 1997) CASES CITED: McCann v Switzerland Insurance Australia Limited & Ors (2000) 203 CLR 579; [2000] HCA 65 Mutual Accident Association of the Northwest v Tuggle 39 Ill App 509 (1891) National & General Insurance Co Ltd v Chick [1984] 2 NSWLR 86 Paul v Travelers' Ins Co, 112 NY 472 (1889) Personal Accident, Life and Other Insurances, E R Hardy Ivamy, 2nd ed, 1980 Winspear v The Accident Insurance Co Limited (1880) 6 QBD 42