Aon Risk Services Australia Limited v Australian National University

The High Court of Australia considered an appeal by Aon Risk Services Australia Limited (Aon) against the Australian National University (ANU). The dispute concerned the proper construction of a professional indemnity insurance policy and whether it covered certain retrospective claims made by ANU against Aon for advice provided in relation to superannuation.

The central legal issue before the High Court was whether the policy, which contained a "prior notice" exclusion, operated to exclude coverage for claims made by ANU in respect of advice given by Aon prior to the inception of the policy, where ANU had not provided Aon with notice of any potential claim before that date.

Gummow and Kiefel JJ held that the "prior notice" exclusion was clear and unambiguous. They reasoned that the exclusion applied to claims made against the insured (ANU) where the insured had given notice to the insurer (Aon) of circumstances that might give rise to a claim before the policy commenced. As ANU had not provided such notice, the exclusion did not operate to deny coverage. The Court therefore allowed the appeal, finding that the policy did cover the retrospective claims.