Sudesh Sharma v Insurance Australia Limited t/as NRMA Insurance [2017] NSWCA 55

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sudesh Sharma v Insurance Australia Limited t/as NRMA Insurance [2017] NSWCA 55 Hearing dates: 4 July 2016 Decision date: 24 March 2017 Before: McColl JA, Meagher JA, Payne JA Decision: (1) Dismiss the notice of motion filed 11 September 2015. (2) Extend the time for filing the notice of appeal to 11 September 2015. (3) Appeal dismissed. (4) Appellant to pay the respondent's costs of the notice of motion and the appeal as agreed or assessed. Catchwords: INSURANCE – requirement to act with utmost good faith – Insurance Contracts Act 1984 (Cth), s 13 – whether breach of duty of good faith – where respondent obliged to determine claim for indemnity in a timely manner and without due delay – where appellant held Combined Building and Home Contents Policy issued by respondent – where appellant's building damaged during storm in late December – where appellant lodged claim under policy on 29 December – where insured's assessor visited property the next day – where another assessor attended on 12 January and explained to appellant insurer did not pay for structures not built to standard – where appellant injured when attempted to repair building two days later – where insurer declined liability 4 days later

DAMAGES – CONTRACT – action for breach of contract – remoteness of damages – whether parties might reasonably contemplate that an insured could suffer personal injury as a result of breach of insurance contract providing coverage with respect to property damage – whether circumstances reasonably within the contemplation of the parties at the time of contracting