Zurich Australian Insurance Ltd v Metals & Minerals Insurance Pte Ltd

Insurance contracts – Validity of "other insurance" provision - Whether rendered void by s 45 of Insurance Contracts Act 1984 (Cth) - Where s 45 rendered void provisions in contracts of general insurance that had effect of limiting or excluding liability of insurer under the contract by reason that the insured had entered into some other contract of insurance - Whether s 45 applied to provision purporting to limit or exclude liability by reason that the insured was named as non-party beneficiary under another contract of insurance - Whether insured had "entered into" that contract within meaning of s 45.

Statutes – Interpretation - Meaning of "provision" in s 45 of Insurance Contracts Act 1984 (Cth) - Where "other insurance" clause applied in two different circumstances, only one of which attracted application of s 45 - Whether clause void only to the extent that it had the impugned effect - Whether clause void as a whole - Whether s 45 rendered void words or operation of clause.

Words and phrases – "double insurance", "entered into", "excess insurance", "other insurance", "provision".

Insurance Contracts Act 1984 (Cth) – ss 45(1), 48.