Property insurance: effecting repairs and utmost good faith

In Briese v Allianz Australia Insurance Pty Ltd [2019] VCC 2170, a matter heard by HHJ Murphy in the Victoria County Court, the question was whether the failure by the insurers to carry out their obligation to effect repairs on damaged property was their fault or that of the assured. In concluding that the assured was guilty of breach of contract, the court considered the role of the duty of utmost good faith in the claims process.

Briese : the policy