Zurich Australian Insurance Ltd v GIO General Ltd

Case

[2010] NSWSC 85

19 February 2010


Details
AGLC Case Decision Date
Zurich Australian Insurance Ltd v GIO General Ltd [2010] NSWSC 85 [2010] NSWSC 85 19 February 2010

CaseChat Overview and Summary

Zurich Australian Insurance Ltd and GIO General Ltd were involved in a dispute concerning the right to contribution between insurers in a case involving double insurance. The case involved an employee of TT who was injured while using a motor vehicle belonging to CB. The injured employee sued CB as the "owner" of the vehicle in negligence and successfully recovered damages. CB's liability was covered by a third party policy in respect of the vehicle. The question arose whether TT was also an "owner" under the third party policy and whether the liability of TT was covered by both the third party policy and TT's workers compensation policy.

The court was required to decide whether the liability of TT had crystallised, and whether the liability of CB was the only crystallised liability. The court found that the liability of TT had not crystallised and that the only crystallised liability was that of CB. The court held that there was no basis for the operation of double insurance in this case.

The court held that there was no right to contribution as between the insurers, as there was no double insurance. The court found that the liability of TT had not crystallised, as it was not certain or ascertained at the time of the injury. The court held that the only liability that had crystallised was that of CB, as it was certain and ascertained at the time of the injury. The court concluded that there was no basis for the operation of double insurance in this case, as there was no double insurance. The court dismissed the claim for contribution.

The final orders of the court were that GIO General Ltd was not liable to contribute to any payment made by Zurich Australian Insurance Ltd in respect of the claim made by the injured employee against CB. The court held that there was no right to contribution as between the insurers, as there was no double insurance. The court dismissed the claim for contribution and ordered that GIO General Ltd pay the costs of the proceeding.
Details

Areas of Law

  • Insurance Law

Legal Concepts

  • Double Insurance

  • Workers Compensation

  • Motor Vehicle Insurance