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Insurance policy exclusions for ‘flood’
Two Australian case authorities on the operation of an exclusion for ‘flood’ are the Queensland Supreme Court decisions in LMT Surgical Pty Ltd v Allianz Australia Insurance Ltd and Wiesac Pty Ltd v Insurance Australia Group Ltd.
The first of those cases concerned the words ‘water overflowing from the normal confines’ and the second ‘water escaping or released from the normal confines’.
The plaintiff was successful in the first-mentioned case but unsuccessful in the second, with the judge noting that there was only one word that was different in the flood exclusion in Wiesac compared to that considered in LMT Surgical.
In a later Queensland Supreme Court case, of Landel Pty Ltd v Insurance Australia Ltd, Dalton J was called upon to consider an exclusion for ‘flood’ which was in all respects identical to the exclusion under consideration in LMT Surgical.
Carter Newell acted for the insurer in the latter two cases, and all three authorities are considered by Partner Patrick Mead in this issue of Constructive Notes.
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12 August 2025
Carter Newell is pleased to have been named as a finalist across three categories in the Lawyers Weekly’s Australian Law Awards 2025. The firm is a finalist for the Insurance Team of the Year and Dispute Resolution and/or Litigation Team of the Year. We congratulate Partner Patrick Mead who is also a finalist for Litigator of the Year, following on from his recent win as Partner of the Year for Construction, Projects and Infrastructure.
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Our Planning and Environment team is proud to have assisted Malchi Holdings Pty Ltd in securing approval for the Malchi-Nine Mile Quarry located west of Rockhampton. The quarry is well positioned to make a strategic contribution to the delivery of the regionally significant Rockhampton Ring Road and Bruce Highway upgrade.
