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Is the obligation to pay a statutory debt a ‘liability’ under a public liability policy?

SA Metropolitan Fire Service v ACN 008 275 296 Pty Ltd (in Liq) & Ors [2020] SADC 45

Summary

A South Australian District Court Judge has found that a public liability policy does not cover a statutory debt:

  1. arising under section 42(5) of the Fire and Emergency Services Act (2005) (the Act); and
  2. in spite of section 141 of the Act extending coverage in insurance policies against damage or loss of property caused by a specified kind of emergency arising from measures taken by a person acting with the authority conferred by the Act.
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