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Kerembla Pty Ltd v XL Insurance Company SE, trading as Brooklyn Underwriting [2023] FCA 769

Kerembla Pty Ltd v XL Insurance Company SE, trading as Brooklyn Underwriting [2023] FCA 769

INSURANCE – indemnity sought pursuant to public and product liability insurance policy – claim in relation to collision of mining equipment with bridge – where it is accepted that the insuring clause responds to the claim – whether certain write-backs to an exclusion clause are applicable – vehicle was being used as a tool of trade on a worksite – write-back does not capture damage caused by or arising out of the loading of the vehicle – declaratory relief granted

Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0769

For more information, see the original judgement.


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