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  • Article

    Game of drones – what does the rise of the drone mean for insurers?

    Flying drones raise many legal risks - cyber-security, crime, product liability, employee safety, trespass and privacy.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Give and take - the duty to cooperate in resolving personal injuries claims

    The Court emphasised that claimants and insurers must cooperate with one another to resolve personal injuries claims.
    AustraliaInsurance
    DibbsBarker
    DibbsBarker
Article

Highway Hijinks Leading To Motor Vehicle Accident - Win For The Insurer In The Court Of Appeal

A motor vehicle accident occurred after the plaintiff overtook the defendant’s vehicle at a T intersection and then stopped in the defendant’s path on two occasions before pulling over to the side of the road. The plaintiff again moved into the path of the defendant’s vehicle in an erratic manner, and stopped, resulting in a collision.
AustraliaInsurance
Cooper Grace Ward
Cooper Grace Ward
  • Article

    How Long Must Offers Of Compromise Remain Open?

    In New South Wales, rule 20.26(7) of the Uniform Civil Procedure Rules (UCPR) requires an offer of compromise served within two months of the trial date to be left open for such time as is reasonable in the circumstances, whereas an offer made more than two months before the trial date must remain open for no less than 28 days.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    How Smart: Court Confines the Statutory Duty of Utmost Good Faith

    Statutory duty does not extend to persons who are not parties to the contract.
    AustraliaInsurance
    Wotton & Kearney
    Wotton & Kearney
  • Article

    How to take advantage of ASIC's new relief for telephone sales of insurance

    Providing customers with insurance quotes by telephone might be in breach of the law, according to ASIC.
    AustraliaInsurance
    DibbsBarker
    DibbsBarker
  • Article

    Insurance Cover For Terrorism-Related Losses

    The Australian Government has declared the siege at the Lindt Café in Martin Place, Sydney, a "terrorist incident" for the purpose of the Terrorism Insurance Act 2003 (Cth).
    AustraliaInsurance
    Clyde & Co
    Clyde & Co
  • Article

    Insurance: The Hancock Family Memorial Foundation Ltd v Lowe [2015] WASCA 38 (5 March 2015)

    This is an important decision for the construction of excess policy wordings in a policy under a legislative scheme.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Insurer not liable for insured's defence costs

    This case highlights that the paramount consideration in determining whether a claim falls within the terms of a policy is the nature and not the form of the claim.
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    Insurer reduces its liability to nil - Prepaid Services v Atradius (no 2) [2014] NSWSC 21

    This decision highlights the importance of complete and accurate disclosures when entering into a policy of insurance.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Insurers beware: High Court widens the application of section 54(1) ICA

    This decision overrules the decision of Johnson, which narrowed the scope of section 54 of the Insurance Contracts Act.
    AustraliaInsurance
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Is the Insurance cost of an appliance part of Comcare costs? (2015)

    This case confirms that Comcare is not required to compensate for the operating costs or the insurance of an appliance.
    AustraliaInsurance
    HBA Legal
    HBA Legal
  • Article

    Knowledge of past incidents - a shackle on employers' liability

    When apportioning liability, the primary liability will be on employers if similar incidents have occurred in the past.
    AustraliaInsurance
    DibbsBarker
    DibbsBarker
  • Article

    Legal Directions: Dual Insurance only applies if liability has ‘crystallised’

    The Supreme Court of NSW has confirmed that questions of dual insurance are to be answered by reference to actual crystallised liabilities.
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    Legal Directions: Labour hire agency fully indemnified by host employer

    The plaintiff was employed by the second defendant, Adecco Pty Limited, a labour hire agency. At the time of the accident his services had been hired to the first defendant, CSR Limited, a building materials manufacturer.
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    Legal Directions: Vocational assessor owed duty of care to avoid further injury

    The NSW Court of Appeal has held that medical experts owe a duty of care to take reasonable steps to avoid causing further injury in the course of examinations carried out at the request of an insurer. In this case, the respondents were held to have breached their duty of care under the Civil Liability Act 2002 (NSW) in circumstances where a reasonable person in the examiner’s position would have taken precautions to avoid a risk of harm: section 5B.
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    Life insurance: Original policy documents critical

    A discussion of Public Trustee v Lumley Life Ltd and Ors [2012] QSC 61.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    MAS Referrals Cannot Be Confined So As To Exclude Consideration Of Causation

    Mr Mills alleged that he injured his back in a motor accident which occurred on 10 April 2000. This was disputed by the Nominal Defendant and the matter was referred to MAS. In December 2003 a MAS Assessor made a finding that no back injury was caused by the accident.
    AustraliaInsurance
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    No Security For Costs In The CTTT

    The Consumer Trader & Tenancy Tribunal is empowered to determine any building claim brought before it in which the amount claimed does not exceed $500,000 (s48K of the Home Building Act 1989 (NSW)).
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Proportionate Liability And Third-Party Costs Orders

    Australian court decision provides much-needed clarity on claims for misleading and deceptive conduct.
    AustraliaInsurance
    Clyde & Co
    Clyde & Co
  • Showing 401–420 of 2024 results

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