The restricted scope of “other insurance” clausesAuthor : Andrew Moore, Robert Finnigan

General Insurance

Andrew Moore and Robert Finnigan discuss the implications of a recent decision by the New South Wales Court of Appeal in Lambert Leasing Inc v QBE Insurance (Australia) Limited [2016] NSWCA 254 which confirms a restrictive operation of section 45 of the Insurance Contracts Act 1984.

The limitation of section 45 may lead to increase in the use of other insurance clauses in Australian market wordings, which attempt to limit or exclude an insurer’s liability if the insured is entitled to cover under another policy. Click below to read more about the Court of Appeal decision and how it may impact the insurance industry.