Insurance Law

Contact: Mark Brookes, Partner and Hannah Fox, Solicitor; Carter Newell (Queensland, Australia)

A recent decision of the Queensland Supreme Court highlights the importance of meticulous drafting of insurance policies, and in particular the careful wording of exclusion clauses to accurately reflect the underwriting intention and avoid the risk of the clause being ‘read down’ by the courts.

In Liberty International Underwriters v The Salisbury Group Pty Ltd (in Liq) & Ors [2014] QSC 240, despite the clear intention of the insurer to exclude certain claims by ‘related entities’, the court’s analysis of the wording of the policy did not result in an outcome that reflected the underwriters’ intention.

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