The High Court has been asked to take up an appeal by insurers over coverage for the class action defence costs of Opal Tower’s consultant engineer.
Two insurers have come up short in their appeal of a ruling that put them on the hook for the costs of Opal Tower consultant engineer WSP in a class action by residents.
The Full Court will weigh in on whether Opal Tower engineer WSP was excluded from builder Icon’s policy coverage for subcontractors and should cover it own class action costs.
Opal Tower engineer WSP has succeeded in claiming the costs of a class action from insurers for builder Icon, with a judge finding engineers were not excluded from the policy’s coverage for subcontractors.
Opal Tower engineer WSP is battling insurers for builder Icon over coverage for the costs of a class action by residents, telling a court on Wednesday that Icon was liable for alleged structural defects in the building despite having subcontracted the structural design to WSP.
Opal Tower structural engineer WSP has been ordered to produce all professional indemnity policies covering its work on the defective building in a lawsuit against insurers for builder Icon, despite arguing for the “commercial sensitivity” of the information.