ARTICLE · 08 OCTOBER 2008

Who Proves Policy Terms And Conditions

Moray & Agnew

Explore more from Moray & Agnew

In this case the NSW Dust Diseases Tribunal held that both the legal and evidentiary onus of establishing the substantial terms and conditions of the insurance policy rested upon the insurer and not the party seeking to benefit from the alleged cover provided by the policy.

AustraliaInsurance

Stephen Taylor-Jones

Author LinkedIn connections

Stewart v QBE Insurance (Australia) Limited [2008] NSWDDT 6

In this case the NSW Dust Diseases Tribunal held that both the legal and evidentiary onus of establishing the substantial terms and conditions of the insurance policy rested upon the insurer and not the party seeking to benefit from the alleged cover provided by the policy.

Facts

The plaintiff was the estate of Mr Stewart, a man employed by Pilkington between 1964 and 1967 at Pilkington's glass factory. He developed mesothelioma as a consequence of inhalation of asbestos dust and fibre liberated from protective asbestos gloves used when performing 'hot work'.

QBE was Pilkington's workers compensation insurer, however no records were located to clarify the substantive terms and conditions of the insurance as at 1967. As such no evidence was available as to the limit of cover provided by the policy as at 1967.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Insurers Not Liable For ANZ Class Action Settlements Or Defence Costs

AustraliaInsurance

Gilchrist Connell

A New Insurer Risk – Contractual Liability For Breach Of The General Insurance Code Of Practice

AustraliaInsurance

A $2 Million “sting”: First Civil Penalty For Breach Of The Duty Of Utmost Good Faith

AustraliaInsurance

Gilchrist Connell

One Claim. $2 Million Penalty. A Warning To Every Insurer.

AustraliaInsurance

When Is A Loss Not A Loss? Federal Court Examines Insurance Policy Exclusions

AustraliaInsurance

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

Comparative Guide

Insurance & Reinsurance

See more popular content from

Insurance

AFCA’S New Approach To General Insurance Claims Handling: GICOP Compliance May Not Be Enough

The Australian Financial Complaints Authority has published new guidance clarifying how insurers must handle claims, including strict timeframes and expanded compensation rules. Insurers now face potential liability beyond policy limits for unreasonable delays, and may be required to compensate claimants for non-financial losses. With storm season approaching and complaint volumes rising, these changes create significant operational and financial pressure on the insurance industry.

AustraliaInsurance

Gilchrist Connell

Podcast: Coffee With CGW – Get To Know Jess Byrne

Special counsel Jess Byrne reflects on her decade-long career progression at Cooper Grace Ward, from law clerk to her current role in the insurance team. She discusses her work in workers' compensation and CTP matters, highlighting the diverse client base and advocacy opportunities that define her practice.

AustraliaInsurance

Cooper Grace Ward

The Data Centre Boom: Growth, Opportunity And Emerging Risk For The Insurance Industry

Data centres have become critical infrastructure assets in Australia's digital economy, attracting significant investment while facing mounting regulatory scrutiny over energy demands and infrastructure costs. As these facilities expand to meet AI-driven computing needs, they present complex insurance challenges spanning climate exposure, business interruption risk, and cyber vulnerabilities that require careful risk management strategies.

AustraliaInsurance

Navigating CTE Claims: A Guide For Insurers - August 2026 Update

Since the guide was first published in March 2026, significant developments have emerged across the medical, sporting, regulatory and litigation landscape.

AustraliaInsurance

A $2 Million “sting”: First Civil Penalty For Breach Of The Duty Of Utmost Good Faith

The Federal Court has imposed a $2 million civil penalty on Hollard Insurance Partners for breaching the duty of utmost good faith in its handling of a home insurance claim. This landmark decision marks the first time an insurer has faced civil penalties under section 13(2A) of the Insurance Contracts Act 1984, following sustained delays, inadequate expert engagement, and failures to properly assess storm damage that left policyholders in temporary accommodation for over three years.

AustraliaInsurance

Gilchrist Connell

What to do if your TPD or income protection claim has been rejected

It pays to understand the basis upon which your income protection or TPD claim was declined.

AustraliaInsurance

Hall Payne Lawyers

ASIC Puts Motor Vehicle Premium Transparency Under The Spotlight

ASIC's Report 838 reveals significant transparency gaps in motor vehicle insurance premium communications, finding that renewal documents often fail to explain price changes adequately and that over 30% of consumers who contacted their insurer successfully negotiated lower premiums. The report establishes clear expectations for better practice in pricing disclosures and signals continued regulatory scrutiny of insurance pricing practices.

AustraliaInsurance

Gilchrist Connell

When Is A Loss Not A Loss? Federal Court Examines Insurance Policy Exclusions

The Federal Court of Australia has determined that ANZ was not entitled to insurance coverage for nearly $117 million in class action settlements and defense costs, examining whether these settlements qualified as insured Loss under excess insurance policies. This landmark decision provides critical guidance on policy interpretation, particularly regarding when repayments of premiums, commissions and charges may fall outside insurance coverage, and how exclusions for excessive or improper charges should be

AustraliaInsurance

One Claim. $2 Million Penalty. A Warning To Every Insurer.

Australia's securities regulator has secured a landmark $2 million civil penalty against Hollard Insurance for breaching its duty of utmost good faith during a 17-month storm damage claim. The Federal Court found that repeated delays, inadequate expert assessment, and poor communication constituted a single contravention—even without deliberate misconduct. This precedent-setting decision signals that claims-handling failures on individual policies can now trigger seven-figure penalties, fundamentally

AustraliaInsurance

From Sustainability To Supply Chains: Rethinking Data Centre Risk In APAC

Asia-Pacific data centre expansion is creating unprecedented insurance challenges as rapid infrastructure growth strains regional water and power resources. Could intensive resource consumption by data centres generate environmental liability claims from affected communities and regulators? And are traditional property insurance models adequately capturing the contingent business interruption risks created by concentrated digital infrastructure dependencies?

AustraliaInsurance