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  • Article

    Do insurers have to give notice of a proposed settlement to an indemnifying party?

    Insurers should consider any obligations under the indemnity to inform an indemnifying party of a proposed settlement.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Driving A Motor Vehicle Not Enough For Motor Accident Legislation

    The appellant alleged that he suffered personal injury as a result of the spontaneous collapse of the driver's seat upon which he was sitting on three separate occasions during the course of his employment.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
Article

Employer not liable for the actions of its employee who accidentally stabbed another worker in the hand

A worker's damages claim failed after he was unintentionally stabbed in the hand by another worker on his lunch break.
AustraliaInsurance
HopgoodGanim
HopgoodGanim
  • Article

    Exclusion clauses in insurance policies cannot operate to make the contract a commercial nonsense

    Exclusion clauses cannot limit the field of cover of an insurance policy to defeat the commercial object of the policy.
    AustraliaInsurance
    HBA Legal
    HBA Legal
  • Article

    From The International Desk

    There has been great debate about whether Australia should align with other countries which currently have a Bill of Rights. However, this Canadian case shows how a Bill of Rights may impact on other legislation.
    AustraliaInsurance
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Good Samaritans Avoid Liability

    The Leader of the Queensland State Opposition, Jeff Seeney, introduced the Civil Liability (Good Samaritan) Amendment Bill 2007 (‘Good Samaritan Bill’) into the Legislative Assembly on 7 March 2007.
    AustraliaInsurance
    HopgoodGanim
    HopgoodGanim
  • Article

    High Court confirms "other insurance" clauses void only where the insured is a contracting party to the other insurance

    In the March 2009 edition of Legal Directions, we reported on the decision of the Western Australian Court of Appeal in the above case. Parts of the Court of Appeal’s decision have now been appealed to the High Court which delivered its judgment on 2 December 2009. The decision of the Court of Appeal has been upheld with the High Court finding that ‘other insurance’ clauses are void only where the insured is a party to the other insurance contract and that parts of an ‘other insurance’ clause wh
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    High Court puts the brakes on erosion of insurance policy limits

    The actions of QBE in pursuing the appeal, were determined to be sufficient to warrant an order that QBE pay the costs.
    AustraliaInsurance
    Holman Webb
    Holman Webb
  • Article

    Income protection insurance - To protect (your income) and serve

    If insurers wish to reduce income protection benefits payable due to damages payments, the policy needs clear wording.
    AustraliaInsurance
    HBA Legal
    HBA Legal
  • Article

    Indemnifying against WHS penalties: The Ferro Con case

    Insurance companies are willing to indemnify individuals and companies for criminal penalties under the model WHS Act.
    AustraliaInsurance
    Holding Redlich
    Holding Redlich
  • Article

    Insurance for WHS fines in NSW now unlawful, but investigation and legal costs remain insurable

    It is now unlawful to enter into, provide or benefit from an insurance or indemnity arrangement for a WHS fine in NSW.
    AustraliaInsurance
    Gilchrist Connell
    Gilchrist Connell
  • Article

    IRO complaints process: Regulating bad behaviour of insurers in managing workers compensation claims in NSW

    IRO Solutions Group investigates and resolves complaints made by injured workers about an insurer's conduct or decision.
    AustraliaInsurance
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Is your life insurance structurally-sound?

    It is always a smart strategy to protect your family's lifestyle with life insurance.
    AustraliaInsurance
    Hall Chadwick
    Hall Chadwick
  • Article

    Legal Directions

    Welcome to the final edition of legal directions for the 2009 calendar year.
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    Limited Liability - A Headache For Banks And Insurers

    The potential recovery gap created by the mandatory limitation of liability under professional standards legislation is causing headaches as banks and insurers debate who should carry this exposure.
    AustraliaInsurance
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Negligent Driver Pays For Tram Delays

    Metrolink Victoria Pty Ltd (Yarra Trams) was successful in a recent Court of Appeal matter that will shape the future application of the test of reasonable foreseeability in our courts and redefine the range of losses recoverable from tortfeasors.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    New NSW motor accidents scheme to affect workers compensation

    The introduction of the Motor Accident Injuries Bill 2017 heralds changes to the third party motor accidents scheme.
    AustraliaInsurance
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    Nominal Defendant wins recovery test case on limitation periods

    A recent decision of the Queensland District Court has clarified the limitation period for recoverable sums.
    AustraliaInsurance
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Not That FAR Away

    On 15 March 2024 the Financial Accountability Regime (FAR) came into effect for authorised-deposit taking institutions (ADIs). Application of the FAR will be extended to insurers...
    AustraliaInsurance
    K&L Gates
    K&L Gates
  • Article

    Plaintiff fails on appeal against boat cruise operator for injuries arising from third party assault

    The Appeal Court dismissed the plaintiff's appeal against the licensed operator of a boat cruise in a claim for damages.
    AustraliaInsurance
    HopgoodGanim
    HopgoodGanim
  • Showing 321–340 of 2024 results

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