TGI Australia Limited v QBE Insurance (Europe) Limited [2007] NSWSC 1254

TGI Australia Limited v QBE Insurance (Europe) Limited [2007] NSWSC 1254

On the proper construction of clause 5(i) of the LIRMA policy Definition, Barclay Mowlem was not an Additional Insured because no person described in paragraphs 1, 2, 3 or 4 had agreed to include it as an insured and none was required to indemnify, hold harmless or release it from liability. The plaintiffs' claim therefore failed on the principal issue and the summons was dismissed with costs.

Jurisdiction
Australia
Judgment Date
30 October 2007
Procedural Posture
Commercial List Insurance Contract Construction and Contribution Claim / Ex Tempore Judgment on Summons
Outcome
Summons dismissed with costs.
Legal Topics
['construction of Insurance Contract' 'additional Insureds' 'contribution Between Insurers' 'defence Costs' 'public and Products Liability Insurance' 'contract Works Third Party Liability Insurance']
['contract Law' 'insurance Law'] ['construction of Insurance Contract' 'additional Insureds' 'contribution Between Insurers' 'defence Costs' 'public and Products Liability Insurance' 'contract Works Third Party Liability Insurance']

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Procedural Posture

Commercial List Insurance Contract Construction and Contribution Claim / Ex Tempore Judgment on Summons

Legal Issues

  1. 1 ['Whether, on the proper construction of the LIRMA policy, Barclay Mowlem was an insured under it.' 'If Barclay Mowlem was an insured under the LIRMA policy, whether RIC was liable for a share of the defence costs and had indemnity in respect of those costs from the defendants so that the defendants were obliged to contribute to the plaintiffs in respect of those defence costs.']

Ratio Decidendi

On the proper construction of clause 5(i) of the LIRMA policy Definition, Barclay Mowlem was not an Additional Insured because no person described in paragraphs 1, 2, 3 or 4 had agreed to include it as an insured and none was required to indemnify, hold harmless or release it from liability. The plaintiffs' claim therefore failed on the principal issue and the summons was dismissed with costs.

Court Disposition

Summons dismissed with costs.

Orders

  • ['The summons is dismissed with costs.']