Claimants Joining Insurers to Proceedings – Recent Developments in NSW and WA


In the context of professional indemnity insurance, there have been multiple instances in which claimants have attempted to join – as a party to court proceedings – the insurer of an alleged wrongdoer.

In NSW, the application to join an insurer is usually made under section 6 of the Law Reform (Miscellaneous Provisions) Act 1946.

The Court of Appeal's decision in Walter Construction concluded that – in respect of "claims made" policies – two events (in substance) needed to have occurred in the same policy year, namely:

- The "happening of the event" that gave rise to a claim for damages or compensation.

- The claim against the insured (alleged wrongdoer) triggering the "claims made" policy.

Please see full alert below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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