Update on Maxwell v Highway Hauliers – High Court Appeal

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Further to our update of 27 March 2014, the Appellant’s (insurers’) written submissions in the Maxwell v Highway Hauliers High Court Appeal have been filed. To view a copy of these submissions, please click here.

Whilst we recommend a detailed reading of the submissions, a key aspect appears to be the suggestion that the claim is inherently outside the scope of cover, such that the insured (respondent) cannot use section 54 of the Insurance Contracts Act 1984 (Cth) to expand such cover. Significant reliance is placed on FAI General Insurance Co Ltd v Australian Hospital Care Pty Ltd (2001) 204 CLR 641.

Naturally, it will be interesting to see how the respondent (insured) deals with this and other arguments in its written submissions. The Insurance Flashlight team will therefore continue to monitor any developments. 

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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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