The Owners – Strata Plan 80647 v WFI Insurance Limited t/as Lumley Insurance

The Supreme Court of NSW has recently considered whether an Owners Corporation could recover from the insurer of a formerly bankrupt builder, following that builder’s discharge. The Owners – Strata Plan 80647 v WFI Insurance Limited t/as Lumley Insurance [2015] NSWSC 1161 concerned allegedly defective building work carried out in a residential strata development. The Court held that the insurer was not entitled to deny indemnity to the Owners Corporation despite the builder being discharged from bankruptcy prior to the claim being made.  Read the article………….