3 Aug 2005
QBE INSURANCE LIMITED V ATTORNEY-GENERAL CA CA174/04
- Citation
- openlaw-8d806c9a_690c_48a4_a048_1c7180dad42e.pdf
- Court
- Court of Appeal
The Court held that the 1998-1999 policy did not indemnify the Crown for the AJS claim because the notification did not constitute a "claim" under that policy's Claim Clause, Condition 5 was not part of the 1998-1999 contract and could not be implied, Exclusion 6 in later policies lawfully excluded claims arising from circumstances notified under prior years, and neither rectification nor estoppel compelled a different result; accordingly QBE was not liable and the appeal was allowed.