ArticleDirectors & Officers insurance market updateAustralian D&O insurers continue to tread cautiously after securities class actions and more significant claims activity.AustraliaInsuranceMcCullough Robertson
ArticleE-Alert: ASIC forces more than $60million of insurance premium refundsASIC said that the message to insurers is that the customer must come first in the design, price and sale of products.AustraliaInsuranceBroadley Rees Hogan Lawyers
ArticleExclusion clause in product liability insurance given narrow reading by High CourtA crop of low-quality grass and a battle over product liability insurance has given the High Court an opportunity to emphasise the need to read exclusion clauses properly and in context (Selected Seeds Pty Ltd v QBEMM Pty Limited [2010] HCA 37).AustraliaInsuranceClayton Utz
ArticleFlexible workplaces in the gig economy and access to injury compensationArticle discusses how legal systems and insurance policies fail to keep up with ever-changing service scenarios. .AustraliaInsuranceCarroll & O'Dea
ArticleFraudulent devices rule confirmed in shipping case by England's Court of AppealThe UK court has confirmed in a shipping case that employing fraudulent devices forfeits an insurance claim in England.AustraliaInsuranceColin Biggers & Paisley
ArticleGeneral Damages Increased By Dust Diseases Tribunal - Mesothelioma Caused By Exposure To Asbestos - Kirkpatrick v BabcockThe Dust Diseases Tribunal of New South Wales was asked to assess damages in respect to a claim arising out of the condition of mesothelioma.AustraliaInsuranceCurwoods Lawyers
ArticleGeneral: Flood reforms – Clearing the waters? The Insurance Contracts Amendment Act 2012The Insurance Contracts Amendment Act received Royal Assent on 15 April 2012.AustraliaInsuranceNorton Rose Fulbright Australia
ArticleGeneral: Interest payable on proven part of insurance claimInsurers are on notice that undisputed amounts under a policy of insurance must be paid within a reasonable timeframe.AustraliaInsuranceNorton Rose Fulbright Australia
ArticleGovernment delays green slip changes to consult road accident victimsOver 1000 road accident victims complained that the changes slash benefits and the rights of victims of road accidents.AustraliaInsuranceStacks Law Firm
ArticleGreen slip car insurance changes likely to end in higher feesGovernment changes to the Compulsory Third Party insurance scheme is likely to end up with motorists paying even more.AustraliaInsuranceStacks Law Firm
ArticleHigh Court Winds Back The Clock On Cause Of Action Accrual In Asbestos LitigationThe High Court has dismissed the appeal of an employer who negligently exposed its former employee to asbestos fibres, causing the employee to contract mesothelioma.AustraliaInsuranceClyde & Co
ArticleHonest Belief Is No Absolute Defence: Exemplary Damages For Institutional MisconductThe High Court confirmed that an institutional defendant cannot escape exemplary damages simply because its agents honestly believed their conduct was lawful. Where institutional failures expose callous disregard for vulnerable people in their custody, exemplary damages remain available.AustraliaInsuranceBarry Nilsson
ArticleHow A Recent Court Case Can Impact Your Total Permanent Disability BenefitPicture two people with the same illness, same diagnosis, same inability to work. One claimant receives the full Total Permanent Disability (TPD) benefit they expected and the second receives noticeably less...AustraliaInsuranceCarroll & O'Dea
ArticleInterpreting Conflicting Policy Provisions In A Professional Indemnity PolicyIn a recent decision of the New South Wales Court of Appeal, the Court refused to allow an insurer to rely on a 'Personal Injury' exclusion clause in the Professional Indemnity wording of a combined ...AustraliaInsuranceClyde & Co
ArticleLate motor accident claims: what constitutes a full and satisfactory explanation?The Supreme Court has clarified a contentious issue in Section 73 of the MACA, which relates to the late making of claims.AustraliaInsuranceHolman Webb
ArticleLaw on unfair contract terms now extends to insuranceUnfair contract terms protections have been extended under new legislation to include standard insurance contracts.AustraliaInsuranceStacks Law Firm
ArticleLife insurers are not an employment agencyAssessing life insurance claims is a careful balance between opinions of the medical experts and vocational assessors.AustraliaInsuranceNorton Rose Fulbright Australia
ArticleLife insurers hit with FOFA-like reforms"Benefit ratio" rules determine if a life risk product falls within the exemption to the ban on conflicted remuneration.AustraliaInsuranceCorrs Chambers Westgarth
ArticleLosing control - when a principal will be liable to the employees of its independent contractorsThis decision clarifies the circumstances where a principal is found liable to employees of its independent contractors.AustraliaInsuranceDibbsBarker