Recent Cases

Zurich Australian Insurance Ltd v FKP Commercial Developments Pty Ltd [2023] FCAFC 188 (01 December 2023) (Lee, Stewart and Cheeseman JJ)


INSURANCE – determination of separate question – leave to appeal – whether relief sought advisory or hypothetical – construction of design and construction professional indemnity insurance policy – whether insuring clause limited to claims for civil liability based on the insureds personal provision of professional services – whether extension to the insuring clause limited to loss resulting from any claim arising from the conduct of any consultant, sub-contractor or agent of the insured providing professional services for which the insured is legally liable – leave to appeal granted and appeal dismissed