Recent Cases

XL Insurance Company Se, trading as Brooklyn Underwriting v Kerembla Pty Ltd [2023] FCAFC 183 (23 November 2023) (Lee, Stewart and Cheeseman JJ)


Catchwords:


INSURANCE – indemnity sought pursuant to public and product liability insurance policy – claim in relation to collision of mining equipment with bridge – where parties accepted insuring clause responds to claim – proper construction of “write-backs” to an exclusion clause – where primary judge did not err in finding appellant liable to indemnify respondent – appeal dismissed