Acciona Infrastructure Australia Pty Ltd v Zurich Australian Insurance Limited [2023] FCAFC 47

On 28 March 2023, the Full Federal Court handed down its judgment on a separate question concerning the operation of an exclusion for damage to contract works caused by rain. The separate question was brought by the Acciona and Ferrovial joint venture and involved the competing contentions of how the words “location insured” in the exclusion should be construed.

In handing down its decision, the Full Court agreed with the insurers, confirming the usual rules around interpreting an insurance contract. Adam Chylek, Robert Finnigan and Mia Dowie explain the implications of this decision for insurers.

You can download the full case alert below.