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ARTICLE · 30 SEPTEMBER 2008

Lane Cove Tunnel Collapse – Insurance Developments

Wotton & Kearney
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In a recent decision the NSW Supreme Court held that the Building and Construction Industry Security of Payment Act 1999 (the Act) had no application to a Construction Risks Insurance Policy.

AustraliaInsurance
Gabrielle Levette
Gabrielle Levette
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In a recent decision the NSW Supreme Court held that the Building and Construction Industry Security of Payment Act 1999 (the Act) had no application to a Construction Risks Insurance Policy.

Background

Zurich Specialties London Limited and Swiss Re International SE (along with a number of other coinsurers)(the Insurers) are insurers of Thiess Pty Limited and John Holland Pty Limited (trading as Thiess John Holland Joint Venture(TJH)) under a Construction Risks Insurance Policy (the Policy). The Policy provided cover in relation to the planning, development, design, construction and commissioning of the Lane Cove Tunnel Project. A dispute arose between the Insurers and TJH by reason of the collapse of a portion of the Tunnel on 2 November 2005.

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