Insurance Law Monthly
Utmost good faith: damages for failure to pay a claim
The decision of the New South Wales Court of Appeal in Sharma v Insurance Australia Ltd [2017] NSWCA 55, the court constituting McColl JA, Meagher JA and Payne JA is one on unusual facts. It is not often that a property insurer is sued for personal injuries suffered by its assured.
Sharma
: the facts