The decision in Lambert Leasing v QBE Insurance (Aust)
Ltd [2016] NSWCA 254 is one which has had a great impact on a
variety of issues relating to dual insurance, including how
"other insurance" provisions in policies are to be
applied.
The decision
Lambert Leasing involved the sale of an aircraft, which
in turn was leased to a third party. The aircraft subsequently
crashed with the loss of all passengers and crew. Proceedings to
claim compensation were commenced by the relatives of those who
perished in the crash. In relation to the claims, the interaction
between two available policies of insurance taken out by parties in
that chain was considered. Both policies contained "other
insurance" clauses which sought to avoid liability in
circumstances where there was another policy which would respond to
the claim. Neither clause offended section 45 of the Insurance
Contracts Act 1984, as the claim on the policies was made by
Lambert Leasing, which, although an
