Bradford Insulation (SA) Pty Limited v CGU Insurance Limited [2004] NSWDDT 47
The insurance policy responded because Mr Cutajar suffered a personal injury by accident during the period of cover, and the policy does not require that legal liability arise within the cover period. Bradfords is entitled to be indemnified up to the policy's monetary limit, and for legal costs incurred, due to CGU's breach of the policy terms.
- Jurisdiction
- Australia
- Judgment Date
- 25 November 2004
- Procedural Posture
- Insurance Indemnity Claim / Judgment After Hearing
- Outcome
- Judgment for Bradfords against CGU
- Legal Topics
- ['indemnity Under Insurance Policy' 'liability for Injury by Accident' 'estoppel' 'election and Waiver']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Insurance Indemnity Claim / Judgment After Hearing
Legal Issues
- 1 ['Does the policy of insurance respond to the injury suffered by Mr Cutajar during his employment with Bradfords?' 'Is CGU liable to indemnify Bradfords under the policy for the sums paid in settlement and costs?' 'Did CGU, by its conduct, irrevocably elect or waive its rights or is estopped from denying indemnity?']
Ratio Decidendi
The insurance policy responded because Mr Cutajar suffered a personal injury by accident during the period of cover, and the policy does not require that legal liability arise within the cover period. Bradfords is entitled to be indemnified up to the policy's monetary limit, and for legal costs incurred, due to CGU's breach of the policy terms.
Court Disposition
Judgment for Bradfords against CGU
Orders
- ['Judgment for Bradfords against CGU in the sum of $246,530.' 'Court will hear the parties on costs.']
Full Case Text
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