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 Defendant [2007] ACTSC 25)


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