In brief - Insurer bears complete liability and costs of
serious injury claim
In
Zhang v Popovic [2016] NSWSC 407, the NSW Supreme Court
found that an insurer's vehicle exclusion clause was
grammatically ambiguous and in considering the policy's
commercial purpose, preferred an interpretation where the
punctuation in the exclusion clause limited its operation. As a
result, it did not apply and the insurer bore the full cost of the
judgment.
Zhang v Popovic holds lessons for insurers and all
parties to serious injury claim
In an insurance context, personal harm claims arising from
incidents that involve motor vehicles, trailers, forklifts and
other pieces of industrial equipment often require consideration to
be given to whether a statutory policy of insurance or other type
of policy will respond. Such claims can involve a detailed analysis
of the operation of the relevant statutory third party insurance
scheme, and the complex interplay between it and the
