The insurer is not liable under an insurance policy if the insured no longer holds ownership or insurable interest at the time of an accident.

Headnote:This judgment concerns an application for a declaratory order regarding an insurance policy under s 96 of the Road Transport Act 1987, asserting its voidness due to lack of insurable interest. The Plaintiff, a motor insurance provider, argued that ownership of the insured vehicle was transferred prior to the accident, making the policy void. The Court examined the procedural adherence to s 96(3) and determined that the Plaintiff's declaration for voidness was warranted as the necessary protocols were observed and insurable interest was absent at the time of the incident. Consequently, the application was granted, declaring the insurance policy unenforceable.

Table of Content
1. application seeking declaration on insurance policy. (Para 1)

[1] This is an application by the Plaintiff by way of an Originating Summons (encl 1) for this Court to declare that:-