Aggregation in a representative proceeding – Court gives further guidance for insurersAuthor : Andrew Moore, Thomas Cavanagh

Bank of Queensland Ltd v AIG Australia Ltd [2018] NSWSC 1689

The NSW Supreme Court recently considered the application of a “related wrongful acts” aggregation provision in the context of a representative proceeding commenced against the insured, Bank of Queensland. The Court held that the representative proceeding itself constituted one “claim” under the policy, but each Class Member Registration Form constituted another 192 individual “claims”. In considering whether the wrongful acts were related, his Honour referred to related matters being those that required some interconnection or some logical or causal connection.

The case provides further guidance for insurers on whether a representative proceeding constitutes just one “claim” under a policy and how aggregation provisions operate.

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19/11/2018