Double insurance in statutory lines: Determining contribution claims between workers’ compensation and compulsory third-party motor insurers
- Publisher:
- Reed International Books Australia Pty Limited
- Publication Type:
- Journal Article
- Citation:
- Insurance Law Journal, 2024, 33, (1), pp. 1-27
- Issue Date:
- 2024-05-30
Embargoed
| Filename | Description | Size | |||
|---|---|---|---|---|---|
| Double insurance in statutory lines Determining contribution claims between workers’ compensation and compulsory third-party motor insurers — (2024) 33 ILJ 1 (1).pdf | Published version | 206.21 kB |
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Double insurance refers to a situation where two insurers are liable to
indemnify a common insured in respect of the same liability. In such
circumstances, the indemnifying insurer may be entitled to seek contribution
from the other insurer in respect of its payments to the insured. This article
examines the reasoning of Australian courts in determining claims for
contribution between workers compensation and compulsory third-party
motor insurers. It discusses how the courts have approached important
practical questions such as the relevant date for determining an insurer’s
right to seek contribution; when there will be a common insured policyholder
that is indemnified by two insurers; when an insurer will have a ‘liability’ for
which it may seek contribution; the effect of an insurer’s settlement of an
underlying claim on its entitlement to seek contribution; and whether a
claimant’s pleading of their case should be determinative of the insurer’s
entitlement to seek contribution.
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