In recent times, with some notable exceptions1, the bar for joining insurers to proceedings has been lowering (see our previous update Courts lower the bar on claims). However, a recent case, Energize Fitness Pty Ltd v Vero Insurance Limited [2012] NSWCA 213 (Energize) (handed down on 19 July 2012), has apparently stemmed the tide.
In Energize, the NSW Court of Appeal held that: More…