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ARTICLE · 16 DECEMBER 2009

Insurance: Interpretation of an Exclusion Clause

In Trustees Executors Limited v QBE Insurance (International) Limited (HC Auckland, CIV 2009-404-1165), the High Court was asked to interpret the Securities Exclusion in QBE’s policy. This decision is a good example of the High Court applying the plain and ordinary meaning of words and not artificially reading down an exclusion clause.

New ZealandInsurance
Monique Van Bellen
Monique Van Bellen

In Trustees Executors Limited v QBE Insurance (International) Limited (HC Auckland, CIV 2009-404-1165), the High Court was asked to interpret the Securities Exclusion in QBE's policy. This decision is a good example of the High Court applying the plain and ordinary meaning of words and not artificially reading down an exclusion clause.

Facts

Trustees Executors Limited (TEL) provided investment administration services and mortgage lending as part of its business. TEL managed the TOWER Mortgage Plus Fund (the Fund).

In 2007, 16 loans made by the Fund were in default. These loans were made outside the approved loan criteria agreed between TOWER and TEL. TEL agreed with TOWER that it would make good any losses by investors as a result of the unauthorised lending.

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