|The judgment of the court is:
1. declare that the liability of the defendant to indemnify the plaintiff for damage, within the meaning of section 1 or section 2 of the policy of insurance referred to in the statement of claim, occasioned by the inundation of the insured premises at unit 11/97 Castlemaine St Milton in the state of Queensland on or about 11 January 2011 is not excluded by clause 3 of the perils exclusions of the policy.
2. order that the defendant pay the plaintiff’s costs calculated on the indemnity basis of the proceeding to be assessed.
|INSURANCE – PROPERTY AND PECUNIARY LOSS INSURANCE – CONDITIONS, WARRANTIES AND EXCEPTIONS – FLOOD DAMAGE – where the plaintiff had insurance in relation to a property in Milton – where plaintiff’s premises was inundated by water from local run-off and from a back-flow of water from the Brisbane River through two local storm water drainage pipes – where the insurance policy contained a clause that exempted the insurer from being liable if “damage occasioned by or happened through flood” – whether water overflowed from the normal confines of a natural watercourse – whether insurer liable to indemnify plaintiff.
David Cormack – Brisbane Barrister.