According to the case of Trident General Insurance Co Ltd v.McNiece Bros Pty Ltd [1988] HCA 44,indemnity is not available to a party who is not part of the actual insurance policy.

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In the case of Trident General Insurance Co Ltd v. McNiece Bros Pty Ltd [1988] HCA 44, the High Court of Australia ruled that a third party beneficiary, in this case McNiece Bros, could claim indemnity under an insurance policy even though they were not a party to the insurance contract. This decision marked a significant departure from the traditional principle of privity of contract, which stipulates that only parties to a contract can enforce it or claim benefits under it.

According to the Case of Trident General Insurance Co Ltd