QLDQCA
GPS Power Pty Ltd & Ors v Gardiner Willis & Associates Pty Ltd [2000] QCA 495
[2000] QCA 495
Court of Appeal (Qld)|2000-06-02|Before: de Jersey CJ, Pincus JA and Williams JSeparate reasons for judgment of, each member of the Court, de Jersey CJ and Williams J concurring as to the, orders made, Pincus JA, dissenting
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Source factsCourt
Court of Appeal (Qld)
Decision date
2000-06-02
Before
de Jersey CJ, Pincus JA and Williams JSeparate reasons for judgment of, each member of the Court, de Jersey CJ and Williams J concurring as to the, orders made
Catchwords
- INSURANCE – GENERAL – CO-INSURED PARTIESINSURANCE
- – GENERAL – POLICIES OF INSURANCE – CONSTRUCTION –
- appellants' contract of insurance defined "the
- Insured" to include contractors
Source
Original judgment source is linked above.
Catchwords
INSURANCE – GENERAL – CO-INSURED PARTIESINSURANCE– GENERAL – POLICIES OF INSURANCE – CONSTRUCTION –appellants' contract of insurance defined "theInsured" to include contractorsand consultants, subject to limitations on the extent of their activitiesinsured – loss sufferedby appellants through respondent's negligence– appellants received payment from insurer covering most of the loss–appellants sought to recover full amount of loss from respondent –whether claim brought by way of subrogation – whetherrespondent an"insured" under policy of insurance – whether waiver of subrogationagainst other insureds in policy extendedto all claims against those insureds,or only to extent that those insureds covered by policy of insuranceAgip Petroleum Co, Inc v Gulf Island Fabrication, Inc,920 F Supp 1318 (1996), discussedCo-operative Bulk Handling Ltd v Jennings Industries Ltd (1996) 17 WAR257, cited