Forrest and Forrest v Insurance Australia Limited t/as NRMA
Insurance [2012] ACTSC 47
Introduction
In Forrest and Forrest v Insurance Australia Limited t/as NRMA
Insurance [2012] ACTSC 47, the ACT Supreme Court considered an
application for an order under rule 651 of the Court Procedure
Rules 2006 to grant the applicants access, by way of preliminary
discovery, to the report of a forensic fire expert engaged by the
respondent.
Summary of the facts
On 25 October 2010, a house fire destroyed the contents of a
property rented by the applicants which they had insured under a
home contents insurance policy issued by the respondent. The
applicants made a claim under the policy which was refused by the
insurer on the grounds that the applicants had not been truthful in
statements made in relation to the claim and had knowingly made
false statements in support of it.