GOSFORD CITY COUNCIL v GIO GENERAL LTD [2003] NSWCA 34

GOSFORD CITY COUNCIL v GIO GENERAL LTD [2003] NSWCA 34

Section 54 of the Insurance Contracts Act 1984 (Cth) cannot relieve the insured of temporal restrictions inherent in claims made policies. Section 40(3) does not apply unless written notice of facts that might give rise to a claim is given before the period of insurance expires. As no notice was given, neither...

Source-derived case information.

Parties
Appellant: Gosford City Council; Respondent: GIO General Ltd
Jurisdiction
Australia
Judgment Date
07 March 2003
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Professional Indemnity Policy, Claims Made Insurance, Insurance Contracts Act 1984 (cth), Notification Requirements
Insurance Law Professional Indemnity Policy Claims Made Insurance Insurance Contracts Act 1984 (cth) Notification Requirements

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Parties

Gosford City Council

Appellant

GIO General Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether s54 of the Insurance Contracts Act 1984 (Cth) allows relief from temporal limits for notification under a claims made policy
  2. 2 Whether s40(3) transforms a claims made policy into a discovery policy and thereby extends cover when notice is not given within the policy period

Ratio Decidendi

Section 54 of the Insurance Contracts Act 1984 (Cth) cannot relieve the insured of temporal restrictions inherent in claims made policies. Section 40(3) does not apply unless written notice of facts that might give rise to a claim is given before the period of insurance expires. As no notice was given, neither section operated to provide indemnity for the claim made after the policy period.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs