Allianz Australia Insurance Ltd v Anderson [2013] NSWSC 1186

Allianz Australia Insurance Ltd v Anderson [2013] NSWSC 1186

Allianz admitted breach of duty of care and admitted that some damage was caused by the accident, including by its acknowledgement that Ms Anderson sustained soft tissue injuries and by its forms and conduct accepting that liability was not in dispute. Its remaining disputes concerned the nature and extent of injury, loss and damage, which went to quantum and medical assessment rather than to whether liability had been admitted. Because Ms Anderson accepted the amount of damages assessed, Allianz was bound by the Claims Assessor's assessment and certificate under ss 94 and 95 of the Motor Accidents Compensation Act 1999 and required to pay the amount specified.

Jurisdiction
Australia
Judgment Date
28 August 2013
Procedural Posture
Application for Declarations Concerning Whether a Claims Assessment and Certificate Under the Motor Accidents Compensation Act 1999 Was Binding on the Insurer / Principal Judgment
Outcome
Declaration made that Allianz is bound by the Claims Assessor's assessment and certificate and required to pay the damages specified; Allianz ordered to pay Ms Anderson's costs; otherwise the proceedings were dismissed.
Legal Topics
['motor Accidents Compensation Act 1999' 'admission of Liability by Insurer' 'claims Assessment' 'binding Effect of Assessment and Certificate' 'breach of Duty of Care' 'quantum of Damages']
['administrative Law' 'motor Accidents Compensation'] ['motor Accidents Compensation Act 1999' 'admission of Liability by Insurer' 'claims Assessment' 'binding Effect of Assessment and Certificate' 'breach of Duty of Care' 'quantum of Damages']

Case Brief

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Procedural Posture

Application for Declarations Concerning Whether a Claims Assessment and Certificate Under the Motor Accidents Compensation Act 1999 Was Binding on the Insurer / Principal Judgment

Legal Issues

  1. 1 ["Whether Allianz admitted liability for Ms Anderson's claim within the meaning of ss 81, 94 and 95 of the Motor Accidents Compensation Act 1999." 'Whether an admission of breach of duty of care, together with subsequent admissions and conduct, amounted to an admission of liability.' 'Whether disputes about the nature and extent of injury, loss and damage went to liability or to the assessment of damages.' "Whether Allianz was bound by the Claims Assessor's assessment and certificate made on 12 December 2012."]

Ratio Decidendi

Allianz admitted breach of duty of care and admitted that some damage was caused by the accident, including by its acknowledgement that Ms Anderson sustained soft tissue injuries and by its forms and conduct accepting that liability was not in dispute. Its remaining disputes concerned the nature and extent of injury, loss and damage, which went to quantum and medical assessment rather than to whether liability had been admitted. Because Ms Anderson accepted the amount of damages assessed, Allianz was bound by the Claims Assessor's assessment and certificate under ss 94 and 95 of the Motor Accidents Compensation Act 1999 and required to pay the amount specified.

Court Disposition

Declaration made that Allianz is bound by the Claims Assessor's assessment and certificate and required to pay the damages specified; Allianz ordered to pay Ms Anderson's costs; otherwise the proceedings were dismissed.

Orders

  • ['A declaration that, pursuant to s 94 of the Motor Accidents Compensation Act 1999, Allianz is bound by the assessment and certificate of the Claims Assessor, Geraldine Daley, made on 12 December 2012, and is required to pay to Ms Zoe Karen Anderson the amount of damages specified in the said certificate by reason...