Geoffrey Hancy - Barrister

BB v Helena College

[2021] WADC 42

BB was a primary school student when she was sexually abused by a school teacher.  Her claim for damages against the school was settled and the trial proceeded as a claim by the school for indemnity against three liability insurers, QBE, IAG and Berkshire Hathaway.  The terms of settlement were recorded in a confidential deed.  IAG was the only insurer that admitted liability to indemnify but was willing to pay no more than half, supporting the school’s claim that QBE was also liable to indemnify.  All three insurers were found liable to indemnify the school for the full amount of the settlement. IAG, client was successful.

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