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What’s in a name? Insurers need to be careful how and where they name a third party on a policy

Tokio Marine & Nichido Fire Insurance Co Ltd v Holgersson [2019] WASCA 114

Overview

The WA Court of Appeal has found that indemnity was available to a party who fell within the definition of a ‘subcontractor’ under the principal’s liability policy without the restrictions on cover of the principals and subcontractors extension in circumstances where the notation of ‘subcontractors’ was included in the schedule under the definition of ‘Insured’ without any further detail.

Insurers and underwriters must be vigilant in the manner in which they note non-contracting parties on endorsements or policy schedules or risk providing indemnity in circumstances where the provision of cover was not intended by the insurer.

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