Question — double insurance claim within the Federal Court jurisdiction? Epsilon v Liberty
In Epsilon Insurance Broking Services Pty Ltd v Liberty Managing Agency Ltd, 1 Allsop CJ determined the preliminary issue of whether the Federal Court had jurisdiction to hear Epsilon’s claim for equitable contribution from the respondent insurers. The basis of the claim was double insurance. The case involves the construction of two policies of insurance and the potential application of s 54 of the Insurance Contracts Act 1984 (Cth) to determine whether there had been dual insurance. The first policy was a combined business liability insurance policy (Epsilon Policy). The second policy was a management liability insurance policy (DUALPolicy). The insured was Ditchfield. On 3 September 2016, there had been a diesel spill at a waste management centre where Ditchfield had been carrying out works. Mitigation works had been carried out.
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