King & Wood Mallesons

Asia-Pacific 100 position: 3

Remediation of contaminated land and 'claims made against the insured'

An insurance contract indemnifies an insured against claims ‘made against’ them in relation to property damage. A government agency obtains an order requiring the insured to remediate contamination on their own land and land owned by others. Are the remediation costs covered by the contract?

This issue was considered in Hamcor Pty Ltd v Queensland [2013] QSC 9, in circumstances where land owners claimed that brokers had negligently failed to provide them with appropriate insurance cover…

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Level 61, Governor Phillip Tower
1 Farrer Place
NSW 2000

Jurisdiction: PRC/Australia
No. of offices: 20
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