King v CGU-VACC Insurance Limited

In *King v CGU-VACC Insurance Limited*, the applicant sought leave to appeal a decision of the primary judge concerning an insurance policy. The dispute arose from damage sustained by the applicant's vehicle, which the insurer, CGU-VACC Insurance Limited, denied liability for on the basis that the damage fell within exclusion provisions of the policy. The matter was heard by Beazley JA and McColl JA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the circumstances in which the damage to the applicant's vehicle occurred were clearly within the exclusion provisions of the insurance policy. This required the Court to interpret the terms of the policy and apply them to the factual matrix of the damage.

The Court of Appeal considered the terms of the insurance policy and the findings of the primary judge. Their Honours concluded that the damage to the vehicle was indeed within the exclusion provisions as found by the primary judge. Consequently, the Court determined that there were no grounds for granting leave to appeal. The summons for leave to appeal was therefore dismissed with costs.