Standard Publishing House v Chen GIO General v Allianz Australia Insurance [2012] NSWSC 1544

Standard Publishing House v Chen GIO General v Allianz Australia Insurance [2012] NSWSC 1544

Clause 8.1 of the lease, on its plain wording, required the lessee to effect relevant insurance in the names of both lessee and lessor, including cover that would benefit the lessor where it was liable for loss to the lessee's property or stock. The Allianz policy's waiver of subrogation clause applied because the lessor was a co-insured for the purposes of the policy. Section 8 exclusions did not deny cover because they applied only where the damaged property was owned by, leased or rented to, or in the control of, the insured making the claim. The lessor was therefore entitled to indemnity under the Allianz policy for the June 2008 inundation, and GIO, having indemnified the lessor, was...

Jurisdiction
Australia
Judgment Date
14 December 2012
Procedural Posture
Insurance Dispute in the Equity Division Commercial List / Principal Judgment on Agreed Separate Issues Under UCPR R 28.2
Outcome
Question 1 answered yes; question 2 answered yes; question 3 answered yes. Judgment entered for the defendants in proceeding 2008/288314 and for GIO against Allianz in proceeding 2011/96744.
Legal Topics
['construction of Lease Insurance Obligations' 'circuity of Action' 'waiver of Subrogation' 'co Insured Status' 'contribution' 'double Insurance']
['insurance' 'contract' 'civil Procedure'] ['construction of Lease Insurance Obligations' 'circuity of Action' 'waiver of Subrogation' 'co Insured Status' 'contribution' 'double Insurance']

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Procedural Posture

Insurance Dispute in the Equity Division Commercial List / Principal Judgment on Agreed Separate Issues Under UCPR R 28.2

Legal Issues

  1. 1 ['Whether, on the proper construction of the lease, the lessee was obliged to maintain in its name and in that of the lessor an insurance policy that covered the lessor for the consequences of each of the three rainfall incidents.' 'Whether the waiver of subrogation clause in the Allianz policy afforded an answer to the subrogated claim brought by Allianz in the name of the lessee against the lessor.' 'Whether Allianz was liable to contribute to the amount paid by GIO to the lessee.']

Ratio Decidendi

Clause 8.1 of the lease, on its plain wording, required the lessee to effect relevant insurance in the names of both lessee and lessor, including cover that would benefit the lessor where it was liable for loss to the lessee's property or stock. The Allianz policy's waiver of subrogation clause applied because the lessor was a co-insured for the purposes of the policy. Section 8 exclusions did not deny cover because they applied only where the damaged property was owned by, leased or rented to, or in the control of, the insured making the claim. The lessor was therefore entitled to indemnity under the Allianz policy for the June 2008 inundation, and GIO, having indemnified the lessor, was...

Court Disposition

Question 1 answered yes; question 2 answered yes; question 3 answered yes. Judgment entered for the defendants in proceeding 2008/288314 and for GIO against Allianz in proceeding 2011/96744.

Orders

  • ['Direct entry of judgment for the defendants against the plaintiff in proceeding 2008/288314.' 'Direct entry of judgment for the plaintiff against the defendant in the sum of $325,000.00 inclusive of interest in proceeding 2011/96744.' 'Make no order as to costs in either proceeding.' 'Order that the exhibit be...