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ARTICLE · 20 JUNE 2012

General: Accessing loss assessor's reports in an insurance dispute

A discussion of Forrest and Forrest v Insurance Australia Limited t/as NRMA Insurance [2012] ACTSC 47.

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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.

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