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ARTICLE · 12 AUGUST 2010

Lost Policies And The Onus Of Proof

Norton Rose Fulbright Australia
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The High Court has recently held that an insurer bears the onus of proof when asserting the applicability of an exception that precludes entitlement to indemnity or the existence of a limit of liability.

AustraliaInsurance
Cassandra Woolley
Cassandra Woolley
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The High Court has recently held that an insurer bears the onus of proof when asserting the applicability of an exception that precludes entitlement to indemnity or the existence of a limit of liability.

Mr Stewart was exposed to asbestos during the course of his employment with Pilkington Bros (Australia) Limited (Pilkington). He developed mesothelioma and commenced proceedings against Pilkington, QBE Insurance (Australia) Limited (QBE) (as insurer of Pilkington) and Wallaby Grip Limited (Wallaby) (the manufacturer of the products containing asbestos). Mr Stewart died before the matter was heard. The proceedings were continued by Mr Stewart's wife in her capacity as legal representative of his estate.

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