Commonwealth Steel Company Ltd v Certain Underwriters At Lloyds Comprising Syndicate Nos 130, 144, 208, 210, 214, 235, 250, 404, 469, 490, 677 and 870 [2010] NSWCA 31

Commonwealth Steel Company Ltd v Certain Underwriters At Lloyds Comprising Syndicate Nos 130, 144, 208, 210, 214, 235, 250, 404, 469, 490, 677 and 870 [2010] NSWCA 31

As a matter of construction, the insuring clause is satisfied: where personal injury from inhalation of asbestos occurred during the 1967-68 policy period and materially contributed to mesothelioma, the plaintiff is legally liable for the injury and is entitled to indemnity under the 1967-68 policies; case law cited by the defendants does not establish a legal rule that only the first policy responds.

Jurisdiction
Australia
Judgment Date
12 March 2010
Procedural Posture
Appeal / Determination of Referred Question Under Uniform Civil Procedure Rule 1.21(1)(a)
Outcome
Referred Question answered: Yes, the plaintiff is entitled to indemnity under the 1967-68 policies; plaintiff not limited to earlier policies. Proceedings stood over for further orders on interest and costs.
Legal Topics
['excess Common Law Policy' 'policy Interpretation' 'personal Injury' 'mesothelioma' 'causation' 'workers Compensation']
['insurance Law'] ['excess Common Law Policy' 'policy Interpretation' 'personal Injury' 'mesothelioma' 'causation' 'workers Compensation']

Case Brief

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Procedural Posture

Appeal / Determination of Referred Question Under Uniform Civil Procedure Rule 1.21(1)(a)

Legal Issues

  1. 1 ['Whether, upon the true construction of Excess Common Law Policies for the 1967-68 period and in the events which have happened, the plaintiff is entitled to indemnity for loss occasioned by liability to Mr Kozaczynski for mesothelioma under the 1967-68 policies or only earlier policy years;' 'Whether more than one policy can respond to a particular risk involving asbestos-related disease (mesothelioma)']

Ratio Decidendi

As a matter of construction, the insuring clause is satisfied: where personal injury from inhalation of asbestos occurred during the 1967-68 policy period and materially contributed to mesothelioma, the plaintiff is legally liable for the injury and is entitled to indemnity under the 1967-68 policies; case law cited by the defendants does not establish a legal rule that only the first policy responds.

Court Disposition

Referred Question answered: Yes, the plaintiff is entitled to indemnity under the 1967-68 policies; plaintiff not limited to earlier policies. Proceedings stood over for further orders on interest and costs.

Orders

  • ['Question answered affirmatively: Plaintiff entitled to indemnity under the 1967-68 policies.' 'Proceeding stood over for further orders.']