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  • Article

    S54 of the Insurance Contracts Act (ICA) – An insureds best friend

    The Court provided clarity of the applicability of section 54 of the Insurance Contracts Act - in favour of the insured.
    AustraliaInsurance
    Holman Webb
    Holman Webb
  • Article

    Shining a little more light into cross border insurance claims in Australia

    In most Australian States, common provisions simplify and regularise decisions on disputes of questions of jurisdiction.
    AustraliaInsurance
    Kott Gunning
    Kott Gunning
  • Article

Sienkiewicz & Ors v The Salisbury Group & Ors - insurance policy interpretation

The case provides valuable insight on correctly framing definitions to capture underwriters' and insured's' intentions.
AustraliaInsurance
Norton Rose Fulbright Australia
Norton Rose Fulbright Australia
  • Article

    So What Is Accidental Loss Under An ISR Policy?

    The Supreme Court of the ACT recently considered the operation and interpretation of a perils exclusion and accidental damage clause in an Industrial Special Risks (ISR) insurance policy (policy) issued by Suncorp Metway Insurance Ltd (Suncorp). Strategic Property Holdings No 3 Pty Ltd (Strategic) was the insured under the policy.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Spontaneous combustion: How spontaneous does it need to be - in a damages insurance claim?

    The Federal Court considered the term "spontaneous" in the context of a perils exclusion clause in an insurance policy.
    AustraliaInsurance
    Gilchrist Connell
    Gilchrist Connell
  • Article

    Steigrad v BFSL 2007 Limited: Defence costs precluded by statutory charge over insurance monies

    NZ case may have significant ramifications for Directors and Officers ("D&O") insurance policies in Australia.
    AustraliaInsurance
    Hunt & Hunt
    Hunt & Hunt
  • Article

    Supreme Court of NSW dismisses direct claim against insurer under Third Party Claims Act

    Commentary on third party claims for insurance proceeds, as well as the circumstances which might give rise to indemnity under claims-made liability policies.
    AustraliaInsurance
    Kennedys
    Kennedys
  • Article

    The Cost of No Reasonable Prospects

    A case which the NSW Court of Appeal categorises as ‘hopeless’ and ‘with no redeeming features’ is precisely what the legislature had in mind when it passed section 198M of the Legal Practitioners Act 1987 (NSW).
    AustraliaInsurance
    DLA Piper Australia
    DLA Piper Australia
  • Article

    The demise of Byrne? - The proposed section 236B of the Workers' Compensation & Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016

    This new Bill proposes to reverse the impact of the decision in Byrne for insurers, including WorkCover Queensland.
    AustraliaInsurance
    HopgoodGanim
    HopgoodGanim
  • Article

    Unfair contract terms protection is extended to general insurance contracts

    Companies should implement amendments to contracts and update compliance materials, to comply with the new regime.
    AustraliaInsurance
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Vero Insurance Limited v QBE Insurance (Australia) Limited [2011] NSWSC 593

    Confirms that where a subcontractor has covenanted to effect and maintain insurance with a particular insurer, this does not equate to the subcontractor entering into a contract with that insurer.
    AustraliaInsurance
    Hunt & Hunt
    Hunt & Hunt
  • Article

    What You Need To Know About Claims-Made Cover Down Under

    Crocodiles, kangaroos, boomerangs and beaches. These are some of the things that make Australia unique
    AustraliaInsurance
    Clyde & Co
    Clyde & Co
  • Article

    ‘Wear and tear’ exclusions and ‘reasonable precautions’ conditions revisited

    A discussion of the JSM Management Pty Ltd v QBE Insurance (Australia) Ltd case.
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    Much-needed Judicial Guidance In Forced Adoption Cases From Lamont

    In the forced adoption case of Lamont, the Supreme Court confirmed that the plaintiff’s consent to the adoption of her child in 1968 was valid and informed, rejecting claims that she was coerced into doing so. The Court further found that the defendants adhered to the societal and legal standards of the time, and were not in breach of their duty of care in the course of the adoption.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Taxi driver held liable for abandoning drunk passenger who was subsequently run over

    Case of French v QBE Insurance (Australia) Limited [2011] QSC 105 dealing with liablity to drunk passenger of taxi driver and his employer.
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    The progression of the staturory defence of proportionate liability – Hunt & Hunt and beyond

    The defence of proportionate liability continues to gain ground as an effective vehicle to limit a defendant's exposure.
    AustraliaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Warning To Insurers And Lawyers About Bringing Untenable Appeals - Non-Economic Loss - Apportionment Of Liability Between Occupiers Of Premises

    This case provides a warning to insurers and their legal advisers about lodging appeals without reasonable prospects of success.
    AustraliaLitigation, Mediation & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    When is it reasonable to reject a costs-protective offer? Trouble on the travelator

    The offer did not "represent a realistic attempt to sensibly negotiate and resolve a hard contested and complex case".
    AustraliaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    The new frontier: Cyber risk management and insurance part 2

    Cyber risk insurance policies are structured to remedy the inadequacies of traditional insurance.
    AustraliaMedia, Telecoms, IT, Entertainment
    Clayton Utz
    Clayton Utz
  • Article

    Builder dispute options limited following QBCC insurance payout

    After the QBCC pays out under a homeowner's insurance policy, a builder has limited grounds to contest a QBCC recovery.
    AustraliaReal Estate and Construction
    Cooper Grace Ward
    Cooper Grace Ward
  • Showing 961–980 of 2025 results

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