ArticlePublic Liability: KFC loses personal injury case over salmonellaUpdate on Samaan bht Samaan v Kentucky Fried Chicken Pty Ltd [2012] NSWSC 381.AustraliaInsuranceNorton Rose Fulbright Australia
ArticleRaising the bar on Insurance Brokers Code of PracticeNIBA has recently announced a revised Insurance Brokers Code of Practice, which introduces 12 new Key Code Standards.AustraliaInsuranceNorton Rose Fulbright Australia
ArticleReversal of the Byrne decision – what does it mean for your indemnity clause?Recent legislative amendments mean that certain contractual indemnities appearing in services agreements may be void.AustraliaInsuranceCooper Grace Ward
ArticleRevisiting retraining in TPD within the insurance policyIt was reasonable to undertake retraining to gain employment, so he was not within the definition of TPD in the policy.AustraliaInsuranceNorton Rose Fulbright Australia
ArticleRising waters place pressures on insurers in claims emanating from natural disastersThe industry must accommodate a higher volume of claims and provide greater clarity to consumers on the scope of cover. AustraliaInsuranceNorton Rose Fulbright Australia
ArticleSlaveski & Ors v Austin Health [2010] VSC 493The Victorian Supreme Court has confirmed its inherent jurisdiction to act to protect the life and welfare of an unconscious person. The Court has the duty and power to protect the rights of an unconscious person to receive appropriate medical treatment, sustenance and support, provided that it is in the person’s best interests.AustraliaInsuranceBarry Nilsson
ArticleThe Hancock Family Memorial Foundation Ltd v Lowe [2015] WASCA 38 (5 March 2015)This was an important decision concerning the construction of excess policy wordings in an insurance policy.AustraliaInsuranceNorton Rose Fulbright Australia
ArticleThe High Court On Negligence : Absolute Liability Is Out - Reasonableness Is KingLast week the High Court of Australia handed down a decision in a negligence case that holds major implications for defendants, public authorities and their insurers. AustraliaInsuranceDLA Piper Australia
ArticleThe narrow compass for reasonable care and precautions conditions to operateA review of these authorities is a useful reminder of the very limited circumstances under which the conditions operate.AustraliaInsuranceSparke Helmore Lawyers
ArticleUnderstanding Nominal Defendant compensation claims under South Australia's CTP schemeHow to claim compensation for injuries and/or vehicle damage under the CTP scheme in South Australia.AustraliaInsuranceMellor Olsson
ArticleVague Travel Insurance Policies – How To Navigate "Rubbery Terms"Understanding these terms is crucial for Australian travellers to ensure they are adequately protected.AustraliaInsuranceCarroll & O'Dea
ArticleWarranty and indemnity insurance: does it provide value on public M&A transactions?Warranty and indemnity (W&I) insurance has become a ubiquitous part of negotiated M&A in the Australian market.AustraliaInsuranceCorrs Chambers Westgarth
ArticleWhat Amounts To A Circumstance?A recent decision by an English court throws light on what circumstances may require notification under a claims-made policy. AustraliaInsuranceDLA Piper Australia
ArticleWhat Do You Know - And Should You Have Known It? Exclusion Clauses And PI InsuranceProspective insureds under professional indemnity policies are often asked about "known circumstances" when applying for cover - but what is a "known circumstance"? AustraliaInsuranceClayton Utz
ArticleWhich principles should be applied when interpreting insurance policies?The case confirmed that in the end, the natural and ordinary meaning of a word is still the key to policy interpretation.AustraliaInsuranceNorton Rose Fulbright Australia
ArticleWill insurance claims be paid in the aftermath of the Sydney Siege?Policies usually give the insurer the right to exclude or cancel the insured's claim where there is terrorist event.AustraliaInsuranceSparke Helmore Lawyers
ArticleAppeal dismissed in shopping centre slip and fall claimThe shopping centre defence succeeded in the slip and fall case, as it could demonstrate a regular cleaning regime. AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticleApplicant/insurer not entitled to have claimant examined by a different doctorWithout further evidence, the Judge held the request to be unreasonable and repetitious and dismissed the application.AustraliaLitigation, Mediation & ArbitrationHopgoodGanim
ArticleDo not ask me: Properly proofing your client to give evidenceInconsistencies and insufficient detail in a party's evidence can detract from an otherwise straightforward case.AustraliaLitigation, Mediation & ArbitrationKott Gunning