Swashplate v Liberty Mutual
Updated: Mar 16, 2020
FCA (16 January 2020)
Loss of cover for Aviation Transport Risk
Sometime between May-July 2018 and somewhere between Picayune, Mississippi USA and Queensland 2 helicopters were damaged in transit.
Each helicopter was inadequately chocked when first loaded into their separate containers at Picayune. When they were each damaged is not known but it was the inadequate chocking that led to the damage. When each aircraft was loaded into its container he wheels were not chocked in their final stowage position, as ought to have occurred, or insufficient strapping was employed.
The first helicopter was loaded 18 May Mississippi time. The second one was loaded the following day.
The insurance was arranged in Australia.
Indemnity for damage was granted for the helicopter loaded last.
Indemnity for damage to the helicopter loaded first was not granted and it became the subject matter of the litigation.
The value of each loss is not revealed in the judgement.
The Chief Justice decided the matter within the confines of the operation of the Insurance List in the Court. That List is designed for the speedy determination of discrete points which if decided assists the parties resolving the whole of the insurance dispute.