Court of Appeal mows down creative interpretation of s54 of ICA
- TurkAlert
- Published 16.02.2016
Allianz Australia Insurance Limited v Inglis [2016] WASCA 25
The Western Australian Court of Appeal has upheld an appeal by Allianz from a decision of the District Court that ordered Allianz to indemnify an insured for a liability claim made against them by their child who was injured in an accident involving a ride-on lawn mower driven by another child of the insured. The decision provides some hope to insurers that reasonable limits will be placed (by superior courts at least) on the wide interpretation of section 54 of the Insurance Contract Act 1984 following the High Court’s 2015 decision in Maxwell v Highway Hauliers Pty Ltd.