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To succeed, the personal injuries claimant must also show that the breach of duty materially caused the harm suffered.

Contributory negligence is assessed by reference to the extent to which the driver's conduct departed from the required standard of care.

Multiple parties may share responsibility when negative events impact a worker even outside the limits of the workplace.

The List is aimed at insurers, reinsurers, brokers and insureds, to resolve matters of policy interpretation quickly.

This case looked at when an admission of liability by an insurer can be withdrawn by the insurer at a later date.

Third party claimants may join insurers to proceedings against an insolvent company when indemnity has been declined.

An insurer who provides indemnities against paid losses may be legally insolvent if it is unable to pay liabilities which have been incurred but which are not yet payable.

This article examines the mechanisms that determine who is insured under a contract and how policies define the parties.

Insurance fraud involves intentionally misleading or fabricating information to gain an unfair financial benefit.

Insurance cover through super is still usually the most economical way to cover yourself in the event of injury & illness.

Nominal Defendant v Saleh A court must give due consideration to each parties’ evidence and not dismiss it off hand.

The NSW Court of Appeal (‘the Court of Appeal’) was required to consider the breadth of the limitations contained in the Civil Liability Act 2002 (NSW) (‘the Act’) concerning the award of damages for noneconomic loss arising from personal injuries.

The plaintiff allegedly sustained personal injuries as a result of a single motor vehicle accident which occurred on 11 June 2004. The parties agreed that her damages ought be reduced by 40%.

The Federal Court considered the application of legal professional privilege to a series of loss adjuster reports.

This new CoR regime in WA introduces an environment of heightened legal and regulatory risk for insureds and insurers.

Freight carriers should minimise dispute risks by ensuring that standard conditions of carriage apply from the outset.

A Review Panel has jurisdiction under s 63 to consider all aspects of the original assessment, not just the material error asserted by the Applicant.