Queensland Judgments
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Francis v Emijay P/L & Ors
[2006] QCA 062; [2006]2 Qd R 5 (05/7120) Brisb Williams JA Keane JA McMurdo J 10/03/2006
Catchwords
INSURANCE - OTHER INDEMNITY INSURANCES - OTHER CASES - where the applicant suffered personal injuries in the course of his employment as an interstate truck driver for the first respondent - the applicant brought proceedings against the first respondent seeking damages for breach of the implied terms of the contract of employment - where both the Queensland (WorkCover) and New South Wales (QBE) insurers denied indemnifying the first respondent against liability for damages in regards to the injury of the applicant - where the only liability the applicant asserts against the first respondent is in contract and not in tort - whether the NSW or QLD insurer is liable to indemnify for an injury occurring in NSW sustained during the course of employment