Insurer ordered to indemnify for cost of restorative works following petrol contamination but not for preventative works22 June 2017 | Insurance & Health Law
Insurer liable to indemnify for the cost or restorative, but not preventative, works following damage caused by explosion of petrol vapour from insured service station Insurer's non disclosure defence rejected. In Issue Whether the loss fell within...
Host employer successfully relies on a contractual indemnity to recover from employer of injured worker22 June 2017 | Insurance & Health Law
Contractual indemnity held to apply despite lapse of fixed term labour supply agreement and given a commercial as opposed to strict interpretation. In Issue Whether a contractual indemnity in an expired fixed term labour supply contract applied Proper...
Contributing factors to the failure to prove causation21 June 2017 | Insurance & Health Law
In Issue Did the employer’s breach of duty cause the worker’s injury within the meaning of s 305D(1) of the WCRA. The Background On the evening of 25 August 2013 Ms Greenway was working alone supervising a 15 year old boy, who was then the...
A hard landing for narrow reading of insuring clause covering claims “resulting from conduct”19 June 2017 | Insurance & Health Law
A Medical Malpractice Civil Liability policy did respond to a claim for indemnity by an insured who had failed to provide any health care services. In Issue The scope of an insuring clause covering claims “resulting from the conduct of the...
Hotel occupier should have warned entrant of the presence of a raised timber platform in the lobby19 June 2017 | Insurance & Health Law
The appellant hotel occupier was liable for failing to take reasonable precautions to prevent the respondent from tripping on a raised timber platform in the hotel's lobby. The risk of tripping on the platform was not obvious and the respondent should
Claims Made Policy Sows the Seeds of Doubt16 June 2017 | Insurance & Health Law
The Federal Court held that not only was an insurer obliged to indemnify its insured because the claim arose out of a "wrongful'act under the policy, it was also liable for ancillary amounts claimed because they arose from the same set of...