In brief - Chubb Insurance v Moore judgment brings welcome
clarity
The judgment in Chubb Insurance Company of Australia v
Moore is helpful for insurers, insureds and claimants alike.
The clarity it brings to what has been a complex and confused area
of law will be welcome across the wider insurance industry.
When may charges be asserted over insurance moneys?
On 11 July 2013, the Court of Appeal of the Supreme Court of NSW
delivered a much anticipated judgment concerning the operation of
section 6 of the
Law Reform (Miscellaneous Provisions) Act 1946 (NSW)
(Act). In
Chubb Insurance Company of Australia v Moore [2013] NSWCA
212 (Judgment), a five judge bench has provided much-needed
clarity regarding the proper construction of section 6 of the Act,
and the circumstances in which charges may, and may not, be
asserted over insurance moneys in reliance on the Act.
