Not an exclusion: New South Wales Court of Appeal declines to apply an exclusion clause for liability assumed under contract | QBE Underwriting Ltd as managing agent for Lloyds Syndicate 386 v...
Author: Chanel Bou-Francis and Matthew McDonaldJudgement Date: 28th March, 2018Citation: QBE Underwriting Ltd as managing agent for Lloyds Syndicate 386 v Southern Colliery Maintenance Pty Ltd [2018] NSWCA 55Jurisdiction: New South Wales Court of Appeal [1]PrinciplesAlthough it will depend upon the specific wording of the policy, a clause excluding liability assumed under contract may not apply to a claim for breach of the terms of the contract...