ArticlePostponing the pre-litigation reformsNSW Government releases media statement announcing it will postpone the introduction of recent legislation.AustraliaInsuranceGadens Lawyers
ArticleQuad bikes and motorbikes – does your farming insurance pass muster?Farm insurance policies should be regularly reviewed to ensure adequate coverage for motorbike and quad bike incidents.AustraliaInsuranceMcCullough Robertson
ArticleRecent WA and NSW CTP decisions relating to assessment of liability and contributory negligence
ArticleSection 45 of the Insurance Contracts Act - The High Court Applies a Strict InterpretationIn our October 2009 edition we noted that Speno Rail Maintenance Australia Pty Ltd v Hammersley Iron Pty Ltd (2009) had been appealed to the High Court. That appeal has now been heard and this article sets out the High Court’s findings. AustraliaInsuranceNorton Rose Fulbright Australia
ArticleShould the insurance company have to pay up after a fire in a brothel? Which case won?The brothel was insured under a specialised Adult Industry Insurance Policy which provided cover against property damage.AustraliaInsuranceStacks Law Firm
ArticleSupport For Crowdfunding In Australia And The Implications For InsurersCrowdfunding or crowdsourcing has become an increasingly popular and rapidly evolving method for small to medium start-up ventures to raise funding.AustraliaInsuranceClyde & Co
ArticleSupreme Court warms to inference as to cause of fireA recent NSW decision is likely to be extremely helpful to insurers seeking recovery as a result of fire damage.AustraliaInsuranceHolman Webb
ArticleThe Decision Is In – High Court Confirms Business Interruption Insurance Exclusion UnenforceableBusiness interruption insurance claims cannot be denied based on an exclusion clause that referred to the repealed Quarantine Act. AustraliaInsuranceHolding Redlich
ArticleThe lucky number for insureds is 54...Section 54 of the Insurance Contracts Act 1984 is designed to protect insureds when insurers refuse to pay a claim.AustraliaInsuranceBarry Nilsson
ArticleTreating Specialist’s Report Found To Be A Request For Treatment ApprovalIn certain circumstances, however, the context of a treating doctor’s report could constitute a request for approval even without a clearly worded covering letter.AustraliaInsuranceMcCabes
ArticleWhen do stairs require extra precautions to avoid liability?This Alert discusses factors that occupiers ought to consider when evaluating the safety of stairs at their premises.AustraliaInsuranceHopgoodGanim
ArticleYes, insurers can change their mind about who performs a second DPI assessmentThe Court considered if an insurer could withdraw its agreement for a specific doctor to perform a second DPI assessment.AustraliaInsuranceCooper Grace Ward
ArticleYour duty of disclosure - Pre-existing medical conditions in travel insurance claimsDetailed exploration of why & how policyholders should manage the duty of disclosure of pre-existing medical conditions before taking out insurance cover.AustraliaInsuranceCarroll & O'Dea
ArticleAccident v aftermath: High Court decision on damages sought for mental harmThe Court handed down a significant decision in the context of personal injury claims of mental harm in South Australia.AustraliaLitigation, Mediation & ArbitrationHunt & Hunt
ArticleAmaca v Ellis: A Plaintiff’s Problem of Proof: A Look at the High Court’s DecisionHow is Amaca Pty Ltd –v– Ellis relevant to you? The decision assists defendants who are involved in cases dealing with the development of diseases and questions of causation.AustraliaLitigation, Mediation & ArbitrationHunt & Hunt
ArticleAssigning your Rights under a D&O Policy: The High Court SpeaksAssigning your rights under a directors' and officers' policy is a vexed issue, and this morning the High Court gave some welcome guidance on the issue (CGU Insurance Limited v One.Tel Limited (In Liquidation) [2010] HCA 26 - Clayton Utz acted for the successful respondent).AustraliaLitigation, Mediation & ArbitrationClayton Utz
ArticleCan I claim compensation if I have been in a vehicle accident?Vehicle accidents can be traumatic and frightening, not only for those involved, but also their family and friends.AustraliaLitigation, Mediation & ArbitrationKells
Article'Less than truthful' witness renders evidence irrelevant and loses insurance claim for allegedly stolen carThe Supreme Court upheld the decision to disregard evidence where the overall account was considered less than truthful.AustraliaLitigation, Mediation & ArbitrationCooper Grace Ward
ArticlePunch-up in course of a driver's employment BUT employer not required to compensateAlthough injuries were found to be sustained in the course of employment, the employee was not entitled to compensation.AustraliaLitigation, Mediation & ArbitrationCooper Grace Ward