Wigge v Allianz Australia Insurance Ltd [2020] NSWSC 150

Wigge v Allianz Australia Insurance Ltd [2020] NSWSC 150

It is arguable that the Policy responds to the claimed liability and that the exclusion clause may not apply; Allianz did not discharge its burden under s 5(4) of the Act. Leave should therefore be granted to continue proceedings against Allianz.

Jurisdiction
Australia
Judgment Date
27 February 2020
Procedural Posture
Insurance/public Liability/negligence / Interlocutory Leave Application
Outcome
Leave granted to plaintiff to continue proceedings against Allianz. Costs of both notices of motion to be costs in the cause.
Legal Topics
['leave to Proceed Against Insurer' 'striking Out Pleadings' 'policy Exclusions']
['insurance Law' 'civil Procedure'] ['leave to Proceed Against Insurer' 'striking Out Pleadings' 'policy Exclusions']

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Procedural Posture

Insurance/public Liability/negligence / Interlocutory Leave Application

Legal Issues

  1. 1 ['Whether leave should be granted to continue proceedings against insurer under s 5 of Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW)' "Whether policy exclusion clause 13 applies to the plaintiff's injury" 'Whether the insurance policy responds to the claimed liability']

Ratio Decidendi

It is arguable that the Policy responds to the claimed liability and that the exclusion clause may not apply; Allianz did not discharge its burden under s 5(4) of the Act. Leave should therefore be granted to continue proceedings against Allianz.

Court Disposition

Leave granted to plaintiff to continue proceedings against Allianz. Costs of both notices of motion to be costs in the cause.

Orders

  • ['Grant leave to the plaintiff pursuant to s 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) to continue proceedings against Allianz Australia Insurance Limited as first defendant.' "Order that the costs of the defendant's notice of motion for strike out of pleadings filed on 3 July...