Insurance – Contract of insurance - Employer indemnified by insurer against liability arising from workplace injuries - Condition of policy required employer to give notice to insurer of personal injury suffered by employee as soon as practicable - Employer failed to inform insurer of employee's injury as soon as practicable - Insurer's liability to be reduced under Insurance Contracts Act 1984 (Cth) by amount that fairly represents extent to which insurer's interests prejudiced.
Insurance – Employer indemnified by insurer against liability arising both at common law and under workers' compensation legislation - Employer sought indemnity against its liability to employee at common law - Whether insurance contract entered into for the purposes of a law that related to workers' compensation and therefore exempt from operation of Insurance Contracts Act 1984 (Cth).
Words and phrases – "extent to which the insurer's interests were prejudiced" - "for the purposes of".
Insurance Contracts Act 1984 (Cth) – ss 9, 54.
Workers' Compensation and Rehabilitation Act 1981 (WA) – ss 5, 18, 160.
Judgment date
Case number
P92/2000
Before
Gleeson CJ, Gaudron, McHugh, Kirby, Hayne JJ
Catchwords