Recent Cases

Star Entertainment Group Limited v Chubb Insurance Australia Ltd [2022] FCAFC 16 (21 February 2022) (Moshinsky, Derrington and Colvin JJ)


INSURANCE – appeal from decision refusing application by insureds for declaratory relief – whether insurers obliged under insurance policy to indemnify for loss from business interruption caused by government orders directed to restricting spread of COVID-19 – where policy includes memorandum directed to extending indemnity to loss resulting from occurrence or discovery of notifiable disease at premises – where memorandum excludes cover for diseases listed in Biosecurity Act 2015 (Cth) – whether memorandum manifests or records full extent of cover for loss resulting from business interruption caused by occurrence of human infectious or contagious disease – whether business interruption loss covered by different memorandum directed to loss caused by action taken by lawfully constituted authority for purpose of retarding any conflagration or other catastrophe – whether reference to ‘loss’ in insurance policy confined to physical loss – whether COVID-19 pandemic considered a catastrophe for purposes of policy – appeal dismissed