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  • Article

    Insurance: Class Actions – Discovery of Documents From Group Members to Aid Settlement Discussions

    the A discussion of the difficulty a defendant of a class action faces when seeking critical information concerning the quantum of a group member's claim.
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    Insurance In Superannuation: AFCA Complaints Directly Against Life Insurers – A Thing Of The Past?

    Yesterday's decision of the Full Federal Court in MetLife Insurance Limited v Australian Financial Complaints Authority Limited [2022] FCAFC 173 upheld MetLife's contention that AFCA does...
    AustraliaInsurance
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
Article

Insurance Solutions For Risks In A Business Sale

In the current economic environment, market deterioration has set up attractive buying opportunities, particularly as companies are forced to sell off assets to satisfy debtors and support balance sheets against further market unrest.
AustraliaInsurance
Swaab Attorneys
Swaab Attorneys
  • Article

    Insurer liable to pay transport operator $2.5 million in damages arising from an ‘accidentally overloaded' crane

    The case illustrates the difficulty in trying to refuse cover for accidental damage caused by seemingly reckless actions.
    AustraliaInsurance
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Making a death benefit claim on superannuation or life insurance: Your FAQs answered – part 2

    Article focuses on the importance of acting early, the key deadlines you need to be aware of & the steps you can take if your claim is denied.
    AustraliaInsurance
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    More On Proportionate Liability

    The decision of Justice Hansen in McAskell v Cavendish Properties Limited [2008] VSC 328 refers favourably to the decision of Justice Byrne in Gunston v Lawley [2008] VSC 97 and provides further guidance on the operation of Victoria's proportionate liability regime under the Wrongs Act 1958 (Vic).
    AustraliaInsurance
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Occupiers' liability: the landlord, the owners corporation, the criminal and the entrant

    These cases illustrate the duty owed by an absent landlord in injury cases arising from accidents or from criminal acts.
    AustraliaInsurance
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    RailCorp New South Wales v Fluor Australia Pty Ltd: Recovery Actions and The Reasonableness of Settlement

    RailCorp, the owner of rail lines and track, engaged Fluor Australia Pty Ltd (Fluor) to maintain the track. Fluor sub-contracted the work to Alpcross Pty Limited (Alpcross). On 6 October 2000, a passenger train owned by the State Rail Authority of New South Wales (SRA) derailed causing relatively minor injuries to a small number of passengers travelling on the train, damage to three trains, rail line and overhead lines.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Recovery apportionment between insured and uninsured losses

    Recent case reminds insurers of the benefit of expressly stating the agreed level of indemnification in a settlement deed.
    AustraliaInsurance
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Subrogation And Dual Insurance

    In cases of dual insurance, only the insurer who provides indemnity for the full amount of the loss will have the right of subrogation.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Successfully defending against breach of duty in slip/fall cases

    A robust system in place, with evidence of adequate enforcement of that system, can be paramount to an effective defence.
    AustraliaInsurance
    DibbsBarker
    DibbsBarker
  • Article

    The changing face of conflicted remuneration and its impact on life insurance commissions

    This bill aims to change the way in which AFS licensees and their representatives are remunerated by life insurers.
    AustraliaInsurance
    Holding Redlich
    Holding Redlich
  • Article

    The Government's 5% threshold for common law claims in Queensland: What does this mean for insurers and employers?

    The actual proportion of excluded claims will not be known until the amendments are operational for a reasonable period.
    AustraliaInsurance
    DibbsBarker
    DibbsBarker
  • Article

    The Insurance Industry and Disaster Events

    The Parliamentary Committee conducted an inquiry into the operation of the insurance industry during disaster events.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    The Unforgiving Nature of Section 81 - Straitjacket or Noose?

    The questions posed by Campbell JA in Nominal Defendant v Gabriel as to whether a s81 admission can ever be altered by an insurer at CARS and whether a s81 admission made in error can later permit an exemption were the precise questions considered in Erturk.
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    Victorian Government considers a review of coronial investigation processes

    The Coronial Council of Victoria has been asked to review the appeals and reopening processes for these investigations.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    WA CTP assessment of damages in motor vehicle crash litigation

    We discuss Hurley v Lang [2016] WADC 117.
    AustraliaInsurance
    Kott Gunning
    Kott Gunning
  • Article

    What is a claim for Total and Permanent Disability (TPD)? And how do I make one?

    TPD Insurance provides for you if you are totally unable to work due to an accident or illness.
    AustraliaInsurance
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    What is an injury "claim" in an insurance policy?

    The Supreme Court of Queensland recently considered what constitutes a "claim" within the terms of an insurance policy.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    When an insured becomes insolvent…

    The Federal Court considered the point at which an "event giving rise to the claim for damages or compensation" occurs.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Showing 481–500 of 2024 results

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