Recent Cases

Allianz Australia Insurance Limited v Delor Vue Apartments CTS 39788 [2022] HCA 38 (14 December 2022) (Kiefel CJ, Gageler, Edelman, Steward and Gleeson JJ)


Insurance – Contract of insurance – Where insured body corporate knew that apartment buildings had serious non-structural defects which it did not disclose to insurer – Where cyclone caused substantial damage to apartment buildings and exposed defects – Where insurer advised insured that it would provide indemnity despite non‑disclosure – Where extent of indemnity ambiguous – Where dispute arose as to sequence of repair works and distribution of costs – Where insurer proposed settlement on particular terms and advised that, if insured did not accept, it would rely on s 28(3) of Insurance Contracts Act 1984 (Cth) and reduce liability based on non‑disclosure – Whether insurer bound by representation of indemnity due to waiver, election or estoppel – Whether insurer failed to act with utmost good faith.

Words and phrases – “completed exercise of a legal power”, “detriment”, “duty of utmost good faith”, “election”, “election by affirmation”, “estoppel”, “extinguishment of rights”, “full satisfaction of alternative rights”, “inconsistent sets of rights”, “indemnity”, “irrevocable waiver”, “non‑disclosure”, “policy of insurance”, “revocation”, “waiver”.