Deliberately taking a risk can still be an ‘accident’Author : Paul Spezza, Scott Macoun, Bree Smith

Public and Products Liability

Paul Spezza (Partner), Scott Macoun (Senior Associate) and Bree Smith (Associate) consider the Court of Appeal of Queensland’s decision of Matton Developments Pty Ltd v CGU Insurance Limited [2016] QCA 208, which provides insight to both insurers and policy holders into what constitutes “accidental damage”, and how the courts are reluctant to interpret additional benefits provisions and exclusion clauses against the policy holder where the drafting does not contain terms of limitation.