In the recent decision of Mie Force Pty Ltd v Allianz
Australia Insurance Ltd [2024] NSWCA 23, the NSW Court of
Appeal has clarified the scope of the terms
'agent' and 'subcontractor' in
the definition of 'Named Insured' in a
Construction Risks – General Liability Policy.
In overturning the first instance decision, the Court of Appeal
found that the term 'agent' should be constructed
in accordance with its strict legal meaning.
Background
Rohrig (NSW) Pty Ltd (Rohrig) was the principal
contractor for a project at the General Gordon Hotel, Sydenham
(Hotel). Rohrig subcontracted demolition works to
Rhino Commercial Stripouts Pty Ltd (Rhino
Stripouts) as part of the project. The insurer, Allianz,
issued the policy to Rohrig.
