192 reasons to check your aggregation clause - NSW Court decision considers aggregate claims

Authors: Mark Brookes, Partner, Greg Stirling, Senior Associate & Madelyne Inch, Solicitor

A recent decision of the Supreme Court of New South Wales has highlighted the importance of aggregation clauses in insurance policies in determining an insured’s and an insurer’s liability for multiple related claims by separate parties. In circumstances where class actions are seemingly becoming more prevalent, the case of Bank of Queensland Ltd v AIG Australia Ltd [2018] NSWSC 1689 presents a timely reminder to insurers and insureds to carefully consider their respective liability when confronted with multiple claims of a similar nature.

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