4 Apr 2011
BARNES V QBE INSURANCE (INTERNATIONAL) LIMITED HC AK CIV 2010-404-5651
- Citation
- openlaw-92072a15_2af8_4dc1_b4e9_cd3ccde8bdda.pdf
- Court
- High Court
The 15 January 2003 letter was objectively insufficient under clause 5.2 because it contained only generic publicity and a list of properties with no objective facts or circumstances from which a reasonable property inspection consultant could form an arguable opinion that a claim was a real or definite risk; therefore the appellant failed to establish an arguable indemnity claim and did not meet the s111 joinder threshold; the Tribunal's dismissal was upheld and the appeal dismissed.