AMP WORKERS COMPENSATION v QBE [2001] NSWCA 267

AMP WORKERS COMPENSATION v QBE [2001] NSWCA 267

The right of contribution between co-insurers exists where, at the time of the casualty, two or more policies cover the same risk, even if only one insurer ultimately pays and even if the insured is not made directly liable through the plaintiff's procedural choices. Therefore, AMP was liable to contribute to QBE as there was double insurance at the time of the accident, and the appeal should be dismissed.

Jurisdiction
Australia
Judgment Date
19 September 2001
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
['double Insurance' 'contribution' 'motor Vehicle Accident' 'workers Compensation']
['insurance Law'] ['double Insurance' 'contribution' 'motor Vehicle Accident' 'workers Compensation']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether there was double insurance permitting a right of contribution between insurers where settlement/judgment was satisfied by one insurer and plaintiff did not sue the insured employer.' 'At which point in time (date of casualty or date of claim) should the existence of double insurance be determined for purposes of contribution?']

Ratio Decidendi

The right of contribution between co-insurers exists where, at the time of the casualty, two or more policies cover the same risk, even if only one insurer ultimately pays and even if the insured is not made directly liable through the plaintiff's procedural choices. Therefore, AMP was liable to contribute to QBE as there was double insurance at the time of the accident, and the appeal should be dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs.']