Dimitrov v GIO of NSW

In *Dimitrov v GIO of NSW*, the New South Wales Court of Appeal considered an appeal concerning the interpretation of a motor vehicle insurance policy. The dispute arose between the appellant, Mr. Dimitrov, and the respondent, GIO of New South Wales, regarding coverage for damage sustained to Mr. Dimitrov's vehicle.

The central legal issue before the Court of Appeal was whether the damage to Mr. Dimitrov's vehicle fell within an exclusion clause in his comprehensive motor vehicle insurance policy. Specifically, the court had to determine if the damage was caused by an "uninsured motor vehicle" as defined by the policy, thereby negating GIO's liability.

The Court of Appeal analysed the terms of the insurance policy and the relevant statutory provisions governing compulsory third-party insurance in New South Wales. The court concluded that the exclusion clause was intended to apply to situations where the damage was caused by a vehicle that was not insured under the compulsory third-party scheme. In this instance, the vehicle that caused the damage was indeed insured under that scheme, albeit by a different insurer. Therefore, the exclusion clause did not operate to deny Mr. Dimitrov's claim. The appeal was allowed, and the matter was remitted to the primary judge for determination of the quantum of damages.