In early June 2025 the Federal Court of Australia held that the following term in a home and contents insurance policy was not ambiguous because it implied materiality, it did not cause a significant imbalance in the rights and obligations of the parties, and it was reasonably necessary to protect the insurer’s legitimate interests:
Tell
In July 2023 the Australian Federal Court held that an excavator loaded onto the back of a trailer which struck a bridge was not a “vehicle” excluded from cover under the Public and Product Liability Insurance Policy, but an included “tool of trade”. The court also held that whilst the excavator was being conveyed between