Missing Insurance Policies and the Onus of Proving Indemnity Limits

Andrew Lu

Research output: Contribution to journalLiterature review

Abstract

On 30 March 2010, the High Court of Australia in Wallaby Grip Ltd v QBE Insurance (Australia) Ltd handed down a decision which is directly relevant to all claims involving missing or lost insurance policies. Where the insurance policy showing the level of indemnity cannot be produced, the High Court has held that the onus of proof lies with the insurer to establish what limit, if any, exists on the level of indemnity contained in the policy
Original languageEnglish
Pages (from-to)91-92
JournalAustralian Insurance Law Bulletin
Volume25
Issue number7
Publication statusPublished - 2010

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