ARTICLE · 21 SEPTEMBER 2020

Bad Packing – Deemed "packing" And The Attachment Of Risk Under The ICC(A) 2009

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Swashplate Pty Ltd v Liberty Mutual Insurance Co (trading as Liberty International Underwriters) [2020] FCAFC 137 (Federal Court of Australia, Full Court).

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William Melbourne

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Swashplate Pty Ltd v Liberty Mutual Insurance Co (trading as Liberty International Underwriters) [2020] FCAFC 137 (Federal Court of Australia, Full Court)

The Federal Court of Australia has provided helpful guidance on the relationship between the packing and preparation exclusion Clause 4.3 and the attachment of insurance under Clause 8.1 of the Institute Cargo Clauses (A) 1/1/09.

The facts

By a helicopter cargo insurance slip policy ("Policy"), arranged under a broker's master slip facility for risks attaching during the period 23 May 2017 to 22 May 2018 ("Facility"), the defendant Insurer agreed to insure the plaintiff Assured in respect of a containerised helicopter for a single transit by air between the United States and Australia.

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