BARRIE TOEPFER EARTHMOVING AND LAND MANAGEMENT PTY LTD v CGU INSURANCE LTD AND OTHERS

[2016] Lloyd's Rep. IR 433

NEW SOUTH WALES COURT OF APPEAL

Before Justice of Appeal Meagher,Justice of Appeal Ward,Associate Justice of Appeal Sackville

Insurance (motor liability) – Excavator being carried on low-loader colliding with bridge – Whether the assured was reckless – Whether the assured was in breach of a reasonable care condition – Burden of proof – Construction of reasonable care condition.