Case Collective
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Case Collective | May 2018
10 May 2018 | Case Collective eNewslettersDisclosure is the flavour of the month in May’s Case Collective. In one case, incomplete disclosure entitled an insurer to decline indemnity for damage to a motor vehicle, while in another, the failure to fully disclose the nature of the...
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The insurer says no
8 May 2018 | Insurance IssuesIndemnity denied for failure of an agent of the named insured to disclose relevant information pursuant to section 21 of the Insurance Contracts Act 1984 (Cth) (the Act). In Issue Whether the beneficiary of an insurance policy was acting as an agent for..
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A warning for dual insurers and the effectiveness of excess clauses
8 May 2018 | Insurance IssuesThe NSW Supreme Court held that two different insurance policies, each containing excess clauses, negate the effect of the other excess clause where the practical effect of the clauses would be to deprive the insured of any cover. In Issue The operation..
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Corporate structures not enough to preclude duty of care
1 May 2018 | Employer's LiabilityThis case discusses the implications surrounding the duty of care owed to a worker by an employing company and a secondary company operating in a close commercial relationship. In Issue Whether a duty of care could be precluded as a result of the...
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NSWCA rejects insurer’s non disclosure argument
23 April 2018 | Insurance IssuesDisclosure of the relationship between an insured employer and an occupier to the insurer’s agent was sufficient and the insurer was not entitled to avoid indemnity for non disclosure under section 21 of the Insurance Contracts Act 1984 (Cth) (ICA).
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A win for Aldi against shopper injured by malfunctioning entry gates
23 April 2018 | Commercial PremisesThe ACT Court of Appeal overturned a finding of liability on the part of Aldi for injuries sustained by a shopper when entry gates failed to open, because it was not established that warning signs would have avoided the injury. In Issue Whether Aldi's
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