ARTICLE · 12 JUNE 2018

Key considerations for insurers when considering renewal proposals and asserting non-disclosure

Colin Biggers & Paisley

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This article focuses on the Court's reasoning in relation to non-disclosure, and lessons to be drawn from the decision.

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Bronwen Peberdy

In brief - Court of Appeal upholds finding that QBE 386 not entitled to deny indemnity for alleged non-disclosure

In the recent decision of QBE Underwriting Ltd as managing agent for Lloyds Syndicate 386 v Southern Colliery Maintenance Pty Ltd [2018] NSWCA 55, the Court of Appeal has given insurers a timely reminder of matters they must take into account when considering a renewal proposal, and when contemplating an assertion of non-disclosure by the insured.

Southern Colliery Maintenance cross-claims against QBE 386 after insurer denies indemnity

Southern Colliery Maintenance Pty Ltd (SCM) entered into a special services agreement in January 2005 to provide supplementary labour for five mines owned by subsidiaries of BHP Billiton, including Endeavour.

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