In Globe Church Inc v Allianz Australia Insurance Ltd, the New South Wales Court of Appeal construed an Industrial Special Risks Insurance Policy (Policy) to determine when the cause of action for breach of contract had accrued. Globe Church, the insured, had suffered property damage due to rainwater and flooding from 8 June 2007. The damage continued over succesive policy periods. However, the insured did not make a claim under the Policy and subsequent policies until 2009. Davies J, the trial judge, referred the case to the Court of Appeal so that the following two questions could be separately determined by way of agreed facts. The issue was whether the claim in relation to the Policy was time-barred.
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