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Category Archives: Insurance Law
March v Stramare (E & M H) Pty Ltd [1991] HCA 12
ON 24 APRIL 1991, the High Court of Australia delivered March v Stramare (E & MH) Pty Ltd [1991] HCA 12; (1991) 171 CLR 506; (1991) 9 BCL 215 (24 April 1991).
Negligence – Causation – Duty of care – Injury reasonably foreseeable – Successive negligent acts by different persons – Whether first negligent actor exonerated by intervening negligent act – Apportionment of liability – Wrongs Act 1936 (S.A.), s. 27a(3).
The “but for” test was considered to be not a definitive test of causation in negligence. Causation is a question of fact to be determined with reference to common sense and experience.
http://www.austlii.edu.au/au/cases/cth/HCA/1991/12.html
The “but for” test has since been revived by the operation of the Civil Liability Acts: see for instance Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Bou Najem [2009] HCA 48 (10 November 2009).
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Sydney, Australia
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Trident General Insurance Co Ltd v McNiece Bros Pty Ltd [1998] HCA 44
ON 8 SEPTEMBER 1988, the High Court of Australia delivered Trident General Insurance Co Ltd v McNiece Bros Pty Ltd [1988] HCA 44; (1988) 165 CLR 107 (8 September 1988).
The proprietor of a building site (Blue Circle Cement) took out an insurance policy with Trident General Insurance which promised to indemnify the assured who it defined as Blue Circle Cement but also “all its subsidiary, associated and related Companies, all Contractors and Sub-Contractors and/or Suppliers”.
A contractor (McNeice) who incurred a legal liability (a judgment in favour of an injured worker) was held to be covered although not a party to the policy.
A non-party beneficiary under an insurance policy has a right at common law for benefits promised under the policy. The decision creates an exception to the privity of contract rule.
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Sporting Injuries Insurance Act 1978 (NSW)
ON THIS DAY in 1978, the NSW Parliament enacted the Sporting Injuries Insurance Act 1978.
http://www.austlii.edu.au/au/legis/nsw/consol_act/siia1978323
Sydney, Australia
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Law Reform (Miscellaneous Provisions) Act 1946 (NSW)
ON THIS DAY in 1946, the NSW Parliament enacted the Law Reform (Miscellaneous Provisions) Act 1946.
http://www.austlii.edu.au/au/legis/nsw/consol_act/lrpa1946404
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