A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
|
 |
|
|
|
Executive Summary (One Minute Read)
|
|
| The
Hancock Family Memorial Foundation Ltd v Lowe (WASCA)
- professional indemnity insurance - construction and validity of condition -
appeal dismissed |
| Summaries With Link (Five Minute Read) |
The
Hancock Family Memorial Foundation Ltd v Lowe [2015] WASCA 38
Court of Appeal of Western Australia
McLure P, Newnes JA & Beech J
Professional indemnity insurance - primary
judge dismissed appellant’s action against respondents under s51 Insurance Contracts Act 1984 (Cth) -
primary issue at trial was proper construction of condition in two excess
professional indemnity insurance contracts between late solicitor and respondents
- appeal also included challenge to the validity of the condition as construed
by the trial judge - test of implied retainer - estoppel by convention -
classification of policies as true excess insurance - held: purpose of
condition was to make obligation to indemnify conditional on solicitor establishing both the
fact and amount of fund’s liability to indemnify solicitor - trial judge’s
construction of condition correct - condition not void under s52 - appeal
dismissed.
The
Hancock Family Memorial Foundation Ltd
|
|
|
