Mrdalj v Allianz Australia Insurance Limited [2019] NSWSC 101

Mrdalj v Allianz Australia Insurance Limited [2019] NSWSC 101

There is an arguable case that the policy issued by GIO responds to the plaintiff's claim and a real possibility that Calcono would not be able to meet a judgment. The insurer (GIO) has not established, at this interlocutory stage, that it is entitled to disclaim liability, so the requirements under the Act for...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 February 2019
Procedural Posture
Consequential Orders (other Than Costs) / Application for Leave to Proceed/substitution of Insurer
Outcome
Leave granted to plaintiff and cross-claimant to proceed against AAI Limited trading as GIO as substituted insurer; further case management and costs orders made.
Legal Topics
['liability Insurance' 'substitution of Insurer' 'leave to Proceed' 'operative Exclusion Clause']
['insurance Law'] ['liability Insurance' 'substitution of Insurer' 'leave to Proceed' 'operative Exclusion Clause']

Source-derived case record

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Procedural Posture

Consequential Orders (other Than Costs) / Application for Leave to Proceed/substitution of Insurer

Legal Issues

  1. 1 ['Whether leave should be granted to proceed against AAI Limited trading as GIO as substituted insurer under the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW)' 'Whether the insurer is entitled to disclaim liability under operative exclusion clauses in the insurance policy']

Ratio Decidendi

There is an arguable case that the policy issued by GIO responds to the plaintiff's claim and a real possibility that Calcono would not be able to meet a judgment. The insurer (GIO) has not established, at this interlocutory stage, that it is entitled to disclaim liability, so the requirements under the Act for leave to proceed are met.

Court Disposition

Leave granted to plaintiff and cross-claimant to proceed against AAI Limited trading as GIO as substituted insurer; further case management and costs orders made.

Orders

  • ['The first defendant, Allianz Australia Insurance Limited, is granted leave pursuant to s 5(1) of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) to proceed against AAI Limited trading as GIO in substitution for the cross-defendant on the first cross-claim, ACN 119 491 511 Pty Ltd...