Contaminating the duty of disclosure? NSW Court of Appeal continues to shift disclosure onus to insurers of commercial policies
Marketform Managing Agency Ltd v Amashaw Pty Ltd  NSWCA 70
In a similar vein to Stealth Enterprises1, the NSW Court of Appeal has upheld a Supreme Court decision that an insurer was not entitled to deny indemnity for non-disclosure of underground contamination, where the policy specifically provided Pollution Liability cover, and because the event giving rise to the insured liability was sudden, specific and identifiable. However, the Court also found that the insurer was only required to pay for damage rectified and not measures to prevent future damage, resulting in a substantial reduction in quantum.