NSW Caselaw
New South Wales Supreme Court
CITATION : Zurich Australian Insurance Ltd v GIO General Ltd [2010] NSWSC 85
HEARING DATE(S) : 15/02/10
JUDGMENT DATE : 19 February 2010
JURISDICTION : Equity Division
JUDGMENT OF : Barrett J
DECISION : Proceedings dismissed with costs.
CATCHWORDS : INSURANCE - right to contribution as between insurers - double insurance - workers compensation insurance - motor vehicle third party insurance - employee of TT injured through use of motor vehicle - employee sued CB as "owner" of vehicle in negligence and recovered damages - third party policy in respect of vehicle covered CB's liability - whether TT also "owner" under third party policy - whether liability of TT covered by both that policy and TT's workers compensation policy - no liability of TT crystallised - only crystallised liability is that of CB - no basis for operation of double insurance
Insurance Contracts Act 1984 (Cth), s 9(1)(e) Motor Accidents Compensation Act 1999, ss 3, 4, 10 LEGISLATION CITED : Road Transport (Vehicle Registration) Act 1997 Workers Compensation Act 1987, ss 151E(2), 151Z(2) Workers Compensation (General) Regulation 1995
CATEGORY : Principal judgment
Albion Insurance Co Ltd v Government Insurance Office of New South Wales [1969] HCA 55; (1969) 121 CLR 342 CASES CITED : AMP Workers' Compensation Services (NSW) Ltd v QBE Insurance Ltd [2001] NSWCA 267; (2001) 53 NSWLR 35 Mercantile Mutual Insurance (Aust) Ltd v QBE Workers Compensation (NSW) Ltd [2004] NSWCA 409; (2004) 61 NSWLR 655 Sickness and Accident Assurance Association Ltd v General Accident Assurance Corporation Ltd (1892) 19 SC 977n
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