Post by NFA on Nov 18, 2020 20:48:12 GMT 8
In a unanimous judgment handed down in the NSW Court of Appeals, all five members of the bench found in favour of the two test case candidates who were attempting to have their claims for business interruption in relation to the pandemic heard.
The judges found COVID-19 was not to be considered a disease declared to be quarantinable under the Quarantine Act 1908.
The Insurance Council of Australia flagged it would urgently seek to review the determination and the grounds on which it could seek leave to appeal the judgment to the High Court of Australia.
The shock judgment leaves the Australian insurance industry open to enormous claims by businesses that have been interrupted in their operations by the COVID-19 pandemic and that held insurance policies which referenced the defunct Quarantine ACt 1908.
The judges found COVID-19 was not to be considered a disease declared to be quarantinable under the Quarantine Act 1908.
The Insurance Council of Australia flagged it would urgently seek to review the determination and the grounds on which it could seek leave to appeal the judgment to the High Court of Australia.
The shock judgment leaves the Australian insurance industry open to enormous claims by businesses that have been interrupted in their operations by the COVID-19 pandemic and that held insurance policies which referenced the defunct Quarantine ACt 1908.