Geoffrey Hancy - Barrister

Smith v MMG Golden Grove Pty Ltd

[2020] WADC 103

Damages for breach of insurance contract.  Liability insurance. Effect of waiver of subrogation clause in Employers Indemnity Insurance.  Reasonableness of settlement between plaintiff and defendant.  Whether damages includes amount of settlement repaid to workers’ compensation insurer and defendant’s legal costs of defending plaintiffs claim. Workers’ Compensation exclusion. Amount of deductible.  Consequence of delay in notifying claim. Settlement of plaintiff’s claim without insurer’s consent. At trial client was successful against insurer.

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