Integral Energy v Allianz Australia Insurance Ltd and ors [2005] NSWDDT 25

Integral Energy v Allianz Australia Insurance Ltd and ors [2005] NSWDDT 25

The policies did not respond because Integral Energy's common law liability accrued when compensable damage occurred, which in mesothelioma was when the tumour formed in 2000; none of the cross-defendant insurers was then on risk. Section 151AAA did not assist because mesothelioma is a dust disease and therefore an occupational disease within s151AB, excluded from s151AAA by s151AAA(2).

Jurisdiction
Australia
Judgment Date
24 May 2005
Procedural Posture
Cross Claims for Insurance Indemnity Following Dust Disease Damages Judgments / Judgment on Cross Claims
Outcome
Cross-claims dismissed in each matter.
Legal Topics
['workers Compensation Insurance Policies' 'common Law Liability Indemnity' 'mesothelioma Caused by Asbestos Exposure' 'occupational Disease' 'policy Response Period']
['insurance' 'workers Compensation' 'dust Diseases'] ['workers Compensation Insurance Policies' 'common Law Liability Indemnity' 'mesothelioma Caused by Asbestos Exposure' 'occupational Disease' 'policy Response Period']

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Procedural Posture

Cross Claims for Insurance Indemnity Following Dust Disease Damages Judgments / Judgment on Cross Claims

Legal Issues

  1. 1 ["Whether any workers compensation insurance policy responded to Integral Energy's liability for common law damages arising from Mr Mangold's mesothelioma." 'Whether liability under the policies arose during periods of asbestos exposure or only when compensable damage occurred.' 'Whether s151AAA of the Workers Compensation Act 1987 assisted Integral Energy notwithstanding the occupational disease exclusion in s151AAA(2).']

Ratio Decidendi

The policies did not respond because Integral Energy's common law liability accrued when compensable damage occurred, which in mesothelioma was when the tumour formed in 2000; none of the cross-defendant insurers was then on risk. Section 151AAA did not assist because mesothelioma is a dust disease and therefore an occupational disease within s151AB, excluded from s151AAA by s151AAA(2).

Court Disposition

Cross-claims dismissed in each matter.

Orders

  • ['The cross-claims are dismissed in each matter.' 'The cross-claimant is to pay the costs of the cross-defendants.' 'Liberty on the part of the cross defendants to make further application in relation to the appropriate costs order.']