GIO Workers Compensation (NSW) Ltd v AMP General Insurance Ltd

GIO Workers Compensation (NSW) Ltd and AMP General Insurance Ltd were involved in a dispute over the contribution between insurers for an injury suffered by an employee while driving a bobcat at work. The employee, who was insured under two separate policies, sustained injuries when the vehicle was hit by another vehicle owned by the employer. The dispute centred on whether the two policies were identical in terms of risk and whether the injury occurred during the use or operation of the vehicle. The matter was heard in the Supreme Court of New South Wales.

The primary legal issue was whether the two policies were identical in risk, given that they were issued by different insurers. Additionally, the court had to determine if the injury occurred during the use or operation of the vehicle, which was crucial for assessing the liability of the insurers. The court examined the terms of both policies and the circumstances surrounding the accident to address these issues.

The court found that the policies were not identical in terms of risk, as they were issued by different insurers and covered different aspects of the employee's activities. The court also concluded that the injury occurred during the use or operation of the vehicle, as the employee was driving the bobcat at the time of the accident. Consequently, the court held that the insurers were not liable for contribution, as the injury did not fall under the identical risk covered by both policies.

The court ordered that GIO Workers Compensation (NSW) Ltd was solely responsible for the payment of the claim, and AMP General Insurance Ltd was not required to contribute. The judgment clarified the distinction between the risks covered by the two policies and reinforced the importance of policy wording in determining insurer liability.