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Weir Services Australia Pty Ltd v AXA Corporate Solutions Assurance

Date: 20/03/2017

Jonathan Hough QC appeared successfully for the defendant insurer in the Supreme Court of New South Wales in Sydney, in the trial of this professional indemnity / product liability insurance dispute.  The dispute arose out of a large arbitral claim against Weir concerning its refurbishment of a large piece of mining equipment.  AXA declined to cover Weir under Global Policies (governed by English law) and a Broadform Policy (governed by Australian law), and the declinature was challenged.  The case raised issues of cover for a “collar” payment; the scope of product liability and professional indemnity sections of the policies (including definition of “product”); the ambit of various policy exclusions; late notification of circumstances; and estoppel / variation.  The judgment of Hammerschlag J can be read here.

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