SunWater Limited v Liberty Mutual Insurance Company [2022] NSWCA 273

SunWater Limited v Liberty Mutual Insurance Company [2022] NSWCA 273

The liability of SunWater arose from professional advice or service rendered through its employee, and the exclusion clause was not limited to claims from clients but extended to third parties affected by the professional services; thus, the exclusion operated to deny indemnity.

Jurisdiction
Australia
Judgment Date
16 December 2022
Procedural Posture
Appeal / Judgment After Full Hearing in Court of Appeal
Outcome
Appeal dismissed, with costs.
Legal Topics
['liability Insurance' 'insurance Exclusions' 'professional Indemnity' 'vicarious Liability' 'policy Interpretation']
['insurance Law'] ['liability Insurance' 'insurance Exclusions' 'professional Indemnity' 'vicarious Liability' 'policy Interpretation']

Case Brief

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Procedural Posture

Appeal / Judgment After Full Hearing in Court of Appeal

Legal Issues

  1. 1 ['Whether liability to third parties arose out of the rendering of or failure to render professional advice or service for a fee for the purpose of an insurance exclusion clause' "Whether the insurance exclusion clause was confined to liability to the insured's client or extended to liability to third parties"]

Ratio Decidendi

The liability of SunWater arose from professional advice or service rendered through its employee, and the exclusion clause was not limited to claims from clients but extended to third parties affected by the professional services; thus, the exclusion operated to deny indemnity.

Court Disposition

Appeal dismissed, with costs.

Orders

  • ['Appeal dismissed.' "Appellant to pay the respondents' costs."]