Zurich Australian Insurance Ltd v Metals & Minerals Insurance Pte Ltd

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON AND CRENNAN JJZURICH AUSTRALIAN INSURANCE LTD  APPELLANTANDMETALS & MINERALS INSURANCE PTE LTD & ORS        RESPONDENTSZurich Australian Insurance Ltd v Metals & Minerals Insurance Pte Ltd [2009] HCA 502 December 2009P33/2009ORDERAppeal dismissed with costs.On appeal from the Supreme Court of Western AustraliaRepresentationJ E Maconachie QC with H M O'Sullivan and J S Emmett for the appellant (instructed by SRB Legal)B W Walker QC with C A Elphick for the first and third respondents (instructed by DLA Phillips Fox)E M Corboy SC with S F Popperwell for the second respondent (instructed by Pynt & Partners)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSZurich Australian Insurance Ltd v Metals & Minerals Insurance Pte Ltd Insurance contracts – Validity of "other insurance" provision – Whether rendered void by s 45 of Insurance Contracts Act 1984 (Cth) – Where s 45 rendered void provisions in contracts of general insurance that had effect of limiting or excluding liability of insurer under the contract by reason that the insured had entered into some other contract of insurance – Whether s 45 applied to provision purporting to limit or exclude liability by reason that the insured was named as non-party beneficiary under another contract of insurance – Whether insured had "entered into" that contract within meaning of s 45.Statutes – Interpretation – Meaning of "provision" in s 45 of Insurance Contracts Act 1984 (Cth) – Where "other insurance"...