Insurance Law

Queensland, Australia: Due diligence condition not strong enough

Handed down in March 2017, the decision of Manitowoq Platinum Pty Ltd & Ors v Wesfarmers Federation Insurance Ltd (WFI) (Manitowoq Platinum) is of particular interest as the District Court of Western Australia considered whether an insured’s breach of statutory obligations could form the basis to refuse indemnity under a Commercial Risk Policy. The case also looks at whether the leading Queensland case and related authority around Kim v Cole & Ors, should apply.

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