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ARTICLE · 25 JUNE 2012

Insurance payout non-refundable - notwithstanding breach of policy condition

Barry Nilsson
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The plaintiff must have known that the circumstances gave rise to a breach of policy condition so there was no mistake.

AustraliaInsurance
Robert Samut
Robert Samut
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CGU Workers Compensation v Panoy Pty Ltd [2012] NTSC 26

Judgment 18 April 2012

An interesting case arising out of tragic circumstances in the Northern Territory.

CGU was the workers compensation insurer of Panoy Pty Ltd. Panoy owned a number of cattle stations in the Northern Territory and Queensland, including Wollongorang Station. On 6 June 2007 Pedro Balading, an employee of Panoy, died when he fell off the back of a utility vehicle being driven by an employee of Panoy.

A claim form was received by CGU in June 2007 with the following details given:-

  • The accident happened at 4.30pm on 6 June 2007 at Wollongorang Station.
  • The deceased fell from the vehicle he was riding in. It had not been determined how.

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