References:  NSWCA 47
Coram: Allsop P, Giles JA, Young JA
Ratio: Austlii (Supreme Court of New South Wales – Court of Appeal) INSURANCE – Double insurance principle – two different insureds entitled to indemnity from two different insurers with respect to separate liabilities for the same injury – contribution between insurers – extended contribution principle in AMP Workers Compensation Services (NSW) Ltd v QBE Insurance Ltd  NSWCA 267; (2001) 53 NSWLR 35 – uncrystallised liability sufficient for purposes of double insurance – second insurer concurred in first insurer indemnifying its insured in the injury – proof of liability of second insurer’s insured – first insurer’s indemnity discharged that liability – second insurer required to share burden of indemnity – sufficient to declare entitlement to contribution
This case is cited by:
- Cited – Zurich Insurance Plc UK Branch -v- International Energy Group Ltd SC (Bailii,  UKSC 33,  Lloyd’s Rep IR 598,  WLR(D) 233,  2 WLR 1471,  AC 509, Bailii Summary, WLRD , UKSC 2013/0057, SC, SC Summary, SC Summary Video)
A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule . .
(This list may be incomplete)
Last Update: 01-Jul-16