Insurance Law

Contact: Michael Gapes, Partner and Michael Bath, Special Counsel; Carter Newell (Queensland, Australia)

In CE Heath Casualty and General Insurance v Pyramid Building Society,¹  Ormiston J said of the word ‘claim’: ‘possibly no word in insurance law has given rise to more difficulties’.  In an attempt to deal with those difficulties and to provide clarity for themselves and their insureds, liability insurers will often exhaustively define the term ‘claim’ within the policy wording.  Notwithstanding those attempts at clarity, difficulties and uncertainties still exist as evidenced by the recent decision of the Full Court of the Federal Court of Australia in Amlin Corporate Member Ltd v Austcorp Project No 20 Pty Ltd (Amlin).²  

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