ARTICLE · 07 APRIL 2016

Other Insurance clauses - rising like a phoenix?

Norton Rose Fulbright Australia

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The case illustrates difficulties in resolving the scope and application of section 45(1) of the ICA in double insurance.

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Miles Lee (Formerly With Norton Rose Fulbright Australia)

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Lambert Leasing Inc and Another v QBE Insurance Ltd and Others [2015] NSWSC 750

Insurance Contracts Act 1984 – scope and application of s 45(1) "Other insurance" provisions – whether s 45(1) renders void 'other insurance' clause – court finds s 45(1) requires relevant insured to be the party who contracted with the insurer on whom claim is made and who is also a party to the second policy

The New South Wales Supreme Court considered whether an 'other insurance' clause was rendered void by section 45(1) of the Insurance Contracts Act 1984 (Cth) (ICA). The Court also considered when an insured relevantly "entered into" a contract of insurance by the application of section 45(1) of the ICA.

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