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  • Article

    The High Court Of Australia Lifts The Insurer's Mask & Clarifies The Proportionate Liability Regime

    The High Court of Australia has made cost orders against a non-party professional indemnity insurer to pay the litigation costs of the successful party to appeals conducted by the insurer in the name of its insured.
    AustraliaInsurance
    Clyde & Co
    Clyde & Co
  • Article

    The trans-Tasman gulf on advancing defence costs under a D&O policy widens

    NZ and NSW differ on certain signifcant points of insurance law.
    AustraliaInsurance
    Clayton Utz
    Clayton Utz
Article

Tribunal lacks jurisdiction to deal with evolving diagnosis

Also, caution should be shown in accepting liability for major treatment where the accepted claim was for a minor injury.
AustraliaInsurance
HBA Legal
HBA Legal
  • Article

    Voluntary Assisted Dying Act introduced in Victoria

    Some organisations expressed concern about professional liability if members participate in voluntary assisted dying.
    AustraliaInsurance
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    Warranty and indemnity Insurance – what is it and why you need it in M&A transactions

    Warranty and indemnity insurance has emerged as a common instrument to address deal risk in M&A transactions globally.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Warranty and indemnity (W&I) insurance—bridging the gap in negotiations

    W&I insurance is an insurance product specifically developed for use in the mergers and acquisitions (M&A) market.
    AustraliaInsurance
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    What expenditure should be taken into account when calculating the cost of repairing the damage to the vessel?

    The UK Supreme Court decision on the SCOPIC charges in the "RENOS" appeal case may be good news for hull insurers.
    AustraliaInsurance
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    When does the limitation period to claim on a policy of insurance commence?

    An insured's entitlement to sue for breach only arises when the insurer has not done what is required under the policy.
    AustraliaInsurance
    Holman Webb
    Holman Webb
  • Article

    When is Extrinsic Evidence Admissible for the Purposes of Construing a Policy?

    The New South Wales Court of Appeal (‘NSWCA’) has considered under what circumstances relevant extrinsic evidence would be received as an aid to construe the scope of a policy. insurers sought to rely on certain relevant extrinsic evidence in construing the scope of indemnity under the policy in question.The NSWCA has ruled that extrinsic evidence of these matters could not be received as an aid to construction because they were not used or relied upon by the contracting parties in negotiating t
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    When Repair Costs Become Insurable Loss – Operation Of The Faulty Workmanship Exclusion

    The decision provides a useful analysis on the interpretation of 'faulty workmanship exclusion'.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    Where Did My Insurance Go?

    You know that your company has taken out D&O insurance, but will cover be there when you actually need it? Unless the policy adequately addresses the effect of the actions of fellow directors, you may find that the policy has effectively gone up in smoke
    AustraliaInsurance
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Who Proves Policy Terms And Conditions

    In this case the NSW Dust Diseases Tribunal held that both the legal and evidentiary onus of establishing the substantial terms and conditions of the insurance policy rested upon the insurer and not the party seeking to benefit from the alleged cover provided by the policy.
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    Why motorists in Queensland do not want a no-fault CTP insurance scheme

    RACQ Insurance and Suncorp campaigned to alter the successful CTP insurance scheme in Queensland to a no-fault system.
    AustraliaInsurance
    Bennett & Philp Lawyers
    Bennett & Philp Lawyers
  • Article

    Will a Directors and Officers insurance policy respond to a creditor's claim for damages for breach of director's duties?

    The D&O policy will not respond to a damages action by any plaintiff if the breach of director's duties was deliberate.
    AustraliaInsurance
    ClarkeKann Lawyers
    ClarkeKann Lawyers
  • Article

    Assessment of damages - economic loss - relevance of tax returns

    In assessing economic loss, an Assessor or a Judge is required to explain why the assessment is not based upon historical earnings, such as , if some other basis, such as average weekly earnings, is utilised.
    AustraliaLitigation, Mediation & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Chasing tail: the materialisation of an obvious risk in Carter v Hastings River Greyhound Racing Club

    This case discusses when a risk will be "obvious" within the meaning of section 5L of the Civil Liability Act 2002 (NSW).
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Claimant's duty to co-operate with the insurer is mandatory

    Recent decision makes it clear that the section 6.24 obligation to co-operate with the Insurer is mandatory.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Court of Appeal Confirms When An Occurence Based Liability Policy Responds to a Leaky Building Claim

    Broadform and public liability policies insure liability for property damage occurring during the period of insurance. In Arrow International Limited v QBE Insurance (International) Limited, the Court of Appeal has confirmed how these policies will respond to damage that progressively worsens across several policy periods.
    AustraliaLitigation, Mediation & Arbitration
    DLA Piper Australia
    DLA Piper Australia
  • Article

    D&O insurance policies: The Bridgecorp Case

    The case may have serious consequences for Australian directors relying on D&O policies to fund their defence costs.
    AustraliaLitigation, Mediation & Arbitration
    DLA Piper Australia
    DLA Piper Australia
  • Article

    It Pays to Think About Causation in Negligence Actions

    Several 2012 decisions have highlighted consideration of the crucial ingredient in negligence actions – causation.
    AustraliaLitigation, Mediation & Arbitration
    DLA Piper Australia
    DLA Piper Australia
  • Showing 801–820 of 2025 results

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