Foster v QBE European Underwriting Services (Australia) Pty Limited as managing agent for Lloyd's Syndicate 386

The plaintiff, Foster, sought indemnity for work-related injuries from QBE European Underwriting Services (Australia) Pty Limited as the managing agent for Lloyd's Syndicate 386. The dispute arose due to the presence of two other insurance clauses and excess clauses in the respective policies, which each insurer argued should render the other's policy void against them. The case was heard in the Supreme Court of New South Wales.

The court had to determine the effect of the two other insurance clauses, whether they negated each other, and if so, whether both insurers were liable to indemnify the plaintiff. The court also needed to consider the impact of the Law Reform (Miscellaneous Provisions) Act 1946 and the Civil Liability (Third Party Claims against Insurers) Act 2017 on the insurers' liability. The court had to decide if the insurers could be held jointly liable for the plaintiff's damages, and if so, whether the contribution provisions under the Civil Liability Act would apply.

The court found that the two other insurance clauses did not negate each other and that both insurers were liable to indemnify the plaintiff. The court noted that the Law Reform (Miscellaneous Provisions) Act 1946 and the Civil Liability (Third Party Claims against Insurers) Act 2017 did not affect the insurers' liability. The court held that the insurers were jointly liable for the plaintiff's damages, and the contribution provisions under the Civil Liability Act would apply. The court determined that both insurers were required to contribute to the plaintiff's damages in proportion to their respective policy limits.

The court ordered QBE European Underwriting Services (Australia) Pty Limited and Lloyd's Syndicate 386 to indemnify the plaintiff in proportion to their respective policy limits and to contribute to any costs incurred by the plaintiff in pursuing the claim.