FKP COMMERCIAL DEVELOPMENTS PTY LTD AND ANOTHER V ZURICH AUSTRALIAN INSURANCE LTD

[2022] FCA 862, Federal Court of Australia, Justice Jagot, 25 July 2022

Insurance (professional indemnity) – Advance costs – Allocation between insured and uninsured loss – Time at which advance costs were to be allocated – Scope of cover – Whether liability based on provision of professional services

FKP Commercial owned land on which a residential development was constructed under contract by FKP Constructions. A number of sub-contractors were employed on the project, and the evidence was that FKP as head contractor did not carry out any of the design or construction work itself.