Insurance in MOtion - Court confirms proper construction of ss4(1) and 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW

In Mrdajl v Southern Cross Constructions (NSW) Pty Ltd (In Liq) [2018] NSWSC 161 the Supreme Court of NSW has refused an application by the plaintiff to join an insurer to the proceedings.

Justice Walton did not consider that the plaintiff had sufficient evidence to establish the existence of a policy of insurance. The case has some useful commentary on the “proper construction” of ss4(1) and 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017.

Read more here.

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