(Re Barlow) Power Technologies Pty Ltd v Vero Insurance Ltd [2006] NSWDDT 6

(Re Barlow) Power Technologies Pty Ltd v Vero Insurance Ltd [2006] NSWDDT 6

Vero Insurance Ltd is liable to indemnify Power Technologies Pty Ltd under the policy for the liability arising from Mr Barlow's mesothelioma, as the injury was caused by asbestos exposure during the relevant period of insurance, the injury constituted 'bodily injury', was caused by accident, ICAL did not deliberately court the risk so as to breach reasonable precautions, the claim does not arise out of breach of professional duty, and does not exceed the limit of indemnity for the final year of exposure.

Parties
Cross Claimant: Power Technologies Pty Ltd; Cross Defendant: Vero Insurance Ltd
Jurisdiction
Australia
Judgment Date
22 March 2006
Procedural Posture
Cross Claim / Judgment
Outcome
Judgment for Power Technologies Pty Ltd
Legal Topics
Indemnity, Bodily Injury, Accident, Reasonable Precautions, Professional Duty
Insurance Law Torts Industrial Disease Indemnity Bodily Injury Accident Reasonable Precautions Professional Duty

Case Brief

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Parties

Power Technologies Pty Ltd

Cross Claimant

Vero Insurance Ltd

Cross Defendant

Procedural Posture

Cross Claim / Judgment

Legal Issues

  1. 1 Whether Vero Insurance Ltd is liable to indemnify Power Technologies Pty Ltd against its liability for damages for bodily injury caused by asbestos exposure during the relevant period of insurance; whether the injury constitutes 'bodily injury' during the insurance period; whether the injury was caused by 'accident'; whether ICAL breached reasonable precautions conditions of the policy; whether claim arises out of professional duty; whether the claim exceeds the indemnity limit.

Ratio Decidendi

Vero Insurance Ltd is liable to indemnify Power Technologies Pty Ltd under the policy for the liability arising from Mr Barlow's mesothelioma, as the injury was caused by asbestos exposure during the relevant period of insurance, the injury constituted 'bodily injury', was caused by accident, ICAL did not deliberately court the risk so as to breach reasonable precautions, the claim does not arise out of breach of professional duty, and does not exceed the limit of indemnity for the final year of exposure.

Court Disposition

Judgment for Power Technologies Pty Ltd

Orders

  • Judgment for Power Technologies Pty Ltd in the sum of $483,691
  • Liberty to apply in relation to interest