An insurer falls foul of a contractual deeming clause

Authors: Mark Brookes, Partner & John Sutton, Solicitor

The decision from Bechini v IUS Pty Limited (ABN 93 003 359 279 (in Liquidation) [2019] NSWSC 427highlights the importance for insurers to routinely review their insurance contracts to ensure they reflect developments with relevant case law and statute. 

This matter was brought by way of an application by the insurer seeking a determination of a collateral issue relevant to the principal proceedings concerning the conduct of IUS Pty Ltd (IUS) in providing professional services. IUS was an architectural firm established in around 2004 that was placed in external administration on 5 August 2013 and was wound up shortly thereafter.

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