Languishing lawyers lose on limitations: Supreme Court finds delay from solicitors enough to bar a claim for damages22 October 2021 | Insurance & Health Law
The applicant sought to commence proceedings regarding negligent medical treatment resulting in a lower leg amputation. Despite briefing solicitors in 2017 to ascertain her prospects of success, her solicitors did not obtain expert liability evidence until 2020 and allowed the applicant’s...
School PE Head Clash, School Successfully Defends Claim of Negligence21 October 2021 | Insurance & Health Law
NSW Department of Education not liable for serious head injuries (including delayed onset of seizures) suffered by student during hybrid sports game.
Don’t let your right of subrogation or recoupment turn to mist!11 October 2021 | Insurance & Health Law
The Federal Court considered an insurer’s right of recoupment against an insured in circumstances where the insured received the benefit of a settlement in relation to an indemnity dispute with the insurer and also successfully recovered losses from a third party.
New Consumer Duty under Insurance Contracts Act 1984 commencing 5 October 202130 September 2021 | Insurance & Health Law
One of the many recommendations of the Hayne Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was the amendment of the insured’s duty of disclosure under the Insurance Contracts Act 1984 (ICA)....
Court of Appeal puts its foot down on Limitation Act30 September 2021 | Insurance & Health Law
An insight into the interaction between the Fatal Accidents Act 1959 (WA) and the Limitation Act 2005 (WA).
Insurer to indemnify property damage and business interruption loss after failing to prove arson21 September 2021 | Insurance & Health Law
The New South Wales Court of Appeal considered the appellant home owner’s entitlement to relief for property damage and consequential loss where the respondent insurer declined indemnity having already made conditional payments under a Deed of Release.