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ARTICLE · 11 AUGUST 2008

Quintano –v– B W Rose Pty Ltd & Ors

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On 5 August 2008 Justice Brereton of the Supreme Court handed down judgment in the matter of Quintano –v– B W Rose Pty Ltd & Ors [2008] NSWSC 793.

AustraliaInsurance
Linda Hamilton
Linda Hamilton
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On 5 August 2008 Justice Brereton of the Supreme Court handed down judgment in the matter of Quintano –v– B W Rose Pty Ltd & Ors [2008] NSWSC 793.

This case arose out of a professional indemnity insurer declining indemnity on the grounds of certain exclusions in the policy. Justice Brereton ruled that:

1. If a claim has foundation in a matter, then the claim arose from that matter, irrespective of the formulation of the pleadings; and

2. Where a policy excludes cover for claims arising from a specified matter, it is the insurer's intention to decline indemnity where its existence is asserted, with no need for the matter to objectively exist.

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