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  • Article

    Seeking Resolution: Remedies From The Australian Financial Complaints Authority In Travel Insurance Disputes

    AFCA serves as an independent body that specialises in resolving financial disputes, including those related to travel insurance.
    AustraliaInsurance
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Westport Insurance Corporation v Gordian Runoff Ltd

    The High Court, by a majority, overturned an arbitration award over a dispute of the coverage of a reinsurance treaty.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Insurance Claims Trends for 2026

    Eight key developments shaping the year ahead.
    AustraliaInsurance
    Gilchrist Connell
    Gilchrist Connell
  • Article

    UK Supreme Court rules in favour of New Cap liquidators

    A discussion of UK litigation involving an Australian reinsurer.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    We do not have your back: the importance of clear drafting in reinsurance contracts

    This recent NSW Court of Appeal decision highlights the importance of clearly defining the scope of reinsurance cover.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Australian Royal Commission Recommends Abolishing Limitation Periods Retrospectively - Reinsurers

    The Royal Commission into Institutional Responses to Child Abuse has been running in Australia since 2013.
    AustraliaInsurance
    Clyde & Co
    Clyde & Co
  • Article

    Reinsurance: Order of reinsurance proceeds varied

    Amaca Pty Ltd & Ors v Messrs A G McGrath & C J Honey (as liquidators of HIH Group of Companies) & Anor [2012] NSWSC 176.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    9/11 Terrorist Attacks on the World Trade Center – One Event Or Two? Issues for the reinsurance market

    A recent UK decision considering the 9/11 terrorist attacks has removed uncertainty in the reinsurance market.
    AustraliaInsurance
    DLA Piper Australia
    DLA Piper Australia
  • Article

    APRA Eases Up On Recognition Of Reinsurance Recoverables

    Insurers should welcome the latest changes to APRA's package of refinements to the general insurance prudential framework, as they will allow unsecured reinsurance recoverables from non-APRA authorised reinsurers to be recognised.
    AustraliaInsurance
    Clayton Utz
    Clayton Utz
  • Article

    Charitable Donations to Volunteers and Economic Loss

    In Zheng v Cai [2009] HCA 52 the High Court held that payments made by a church to an injured plaintiff were not to be considered in the plaintiff’s economic loss assessment.
    AustraliaInsurance
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Will insurance claims be paid in the aftermath of the Sydney Siege?

    Policies usually give the insurer the right to exclude or cancel the insured's claim where there is terrorist event.
    AustraliaInsurance
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    What´s A Payment "Under" A Reinsurance Contract?

    Can the liquidator of an insurer avoid the requirement to forward reinsurance payouts to the parties it has insured?
    AustraliaInsurance
    Clayton Utz
    Clayton Utz
  • Article

    WA Decision Puts Home Owners Warranty (HOW) Market On Tenterhooks

    Following the HIH collapse in 2001, insurers writing HOW policies under the various state Home Building Warranty schemes have routinely sought indemnities and bank guarantees from builders before issuing certificates of insurance.
    AustraliaInsurance
    Minter Ellison
    Minter Ellison
  • Article

    "Back-To-Back" Contracts Of Reinsurance Can Lead To Face-Off In Court If Not Drafted Correctly

    Do so-called "back-to-back" reinsurance contracts provide cover co-extensive with the insurance, particularly where similar terminology is used?
    AustraliaInsurance
    Clayton Utz
    Clayton Utz
  • Article

    Include me out: exclusion clauses, reinsurance, and section 18B of the Insurance Act

    High Court rules that exclusion clauses and limitations have a precise meaning separate to the scope of insurance cover.
    AustraliaInsurance
    Clayton Utz
    Clayton Utz
  • Article

    New Queensland Reconstruction Authority will have broad planning powers

    Broad new planning powers will be vested in the Queensland Reconstruction Authority under the Queensland Reconstruction Authority Bill, which was passed by State Parliament on 17 February 2011.
    AustraliaInsurance
    Clayton Utz
    Clayton Utz
  • Article

    Reinsurers win decade-long battle in High Court

    This High Court decision is important for reinsurers and for parties involved in commercial arbitration.
    AustraliaInsurance
    DibbsBarker
    DibbsBarker
  • Article

    Australia’s Next Insurance Shock Is Already Here And It Is Not Where Most Boards Are Looking

    As the Middle East conflict continues to disrupt global energy markets, Australian businesses are confronting a familiar threat in an unfamiliar form. This is not a direct war risk in the traditional sense. It is something more insidious, a fuel driven economic shock that is rapidly cascading into balance sheets, boardrooms and ultimately insurance claims.
    AustraliaInsurance
    Kennedys
    Kennedys
  • Article

    Reinsurance: First Bridgecorp, now a charge on "reinsurance" proceeds

    A discussion of Ruscoe v Canterbury Policy Holders HC WN CIV 2011-485-1535.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    What´s Covered, And What´s Excluded? Contracts Of Reinsurance And Section 18B

    The NSW Supreme Court has confirmed that contracts of reinsurance are subject to the beneficial operation of section 18B of the NSW Insurance Act 1902 - and that exclusions and limitations have a precise meaning separate to the scope of cover.
    AustraliaInsurance
    Clayton Utz
    Clayton Utz

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