(Re Ross Lloyd Barlow) Power Technologies Pty Ltd v Vero Insurance Ltd (No. 2) [2010] NSWDDT 15

(Re Ross Lloyd Barlow) Power Technologies Pty Ltd v Vero Insurance Ltd (No. 2) [2010] NSWDDT 15

Power Technologies discharged the obligation under the insurance policy by proving it did not, with actual knowledge of the dangers of asbestos, deliberately ignore those dangers with respect to the employment of competent employees. The company exercised reasonable care as required by the policy and is entitled to judgment against Vero Insurance.

Parties
Cross Claimant: Power Technologies Pty Ltd; Cross Defendant: Vero Insurance Ltd
Jurisdiction
Australia
Judgment Date
17 September 2010
Procedural Posture
Insurance Dispute / Judgment After Matter Remitted by Court of Appeal
Outcome
Judgment for Power Technologies Pty Ltd against Vero Insurance Ltd
Legal Topics
Interpretation of Insurance Policies, Obligation to Employ Competent Employees, Attribution of Corporate Knowledge
Insurance Law Negligence Interpretation of Insurance Policies Obligation to Employ Competent Employees Attribution of Corporate Knowledge

Case Brief

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Parties

Power Technologies Pty Ltd

Cross Claimant

Vero Insurance Ltd

Cross Defendant

Procedural Posture

Insurance Dispute / Judgment After Matter Remitted by Court of Appeal

Legal Issues

  1. 1 Whether Power Technologies complied with obligation under insurance policy to 'exercise reasonable care that only competent employees are employed'

Ratio Decidendi

Power Technologies discharged the obligation under the insurance policy by proving it did not, with actual knowledge of the dangers of asbestos, deliberately ignore those dangers with respect to the employment of competent employees. The company exercised reasonable care as required by the policy and is entitled to judgment against Vero Insurance.

Court Disposition

Judgment for Power Technologies Pty Ltd against Vero Insurance Ltd

Orders

  • Judgment for Power Technologies Pty Ltd against Vero Insurance Ltd in the sum of $200,000 plus interest
  • Parties to agree on the sum of interest and file a form of judgment within 14 days, liberty to apply on 7 days notice