Indemnity test case

We successfully defended the insurer in the ACT test case in which the plaintiff sought indemnity pursuant to the CTP policy in circumstances where she was in the driver’s seat of her vehicle when an unknown male entered her vehicle. He claimed to have a gun and made her drive into NSW before running away. The Nominal Defendant successfully defended the claim on the basis that whilst the assailant was held to have control of the vehicle, the assault and subsequent psychological injury was incidental to the use of the vehicle and not covered by the policy. (Casalino v The Nominal DefendantĀ [2007] ACTSC 25)


Related Articles

AAI Limited v Ali [2015] NSWSC 1068

Motor Vehicle Directions

Background The plaintiff, AAI, applied for judicial review of a MAS Assessment performed by Assessor Cameron, and also the decision of…

Continue reading

Section 151Z Recovery claims against the Nominal Defendant

Motor Vehicle Directions

Penrith City CouncilĀ v Nominal Defendant & Anor [2012] NSWDC 18 District Court Judge Levy SC delivered judgment on 7 March 2012…

Continue reading

USEFUL COURT OF APPEAL DECISIONS ON CLAIMANT CREDIBILITY AND JUDICIAL REVIEW OF MEDICAL ASSESSMENTS

Motor Vehicle Directions

Ali v AAI Limited [2016] NSWCA 110 and Insurance Australia v Milton [2016] NSWCA 156 Two recent cases handed down by…

Continue reading