Insights Insights
  1. Fraudulent claims within the meaning of section 56 of the Insurance Contracts Act

    26 November 2021 | Insurance & Health Law

    Insureds were found to have lit a fire at their business premises and also to have significantly and deliberately exaggerated the value of their stock and equipment losses entitling their insurer to refuse payment of the claim made under a business insurance policy.

  2. When is property in your physical or legal control for the purposes of an exclusion clause?

    1 November 2021 | Insurance & Health Law

    In this interfamilial dispute involving the destruction of a large number of railway sleepers in a rural fire, the Court had no difficulty finding the defendants liable to the plaintiff, and then had to decide whether an exclusion in the defendants’ liability policy applied to exclude the...

  3. 9 out of 10: FCA finds in favour of insurers in Second COVID-19 Insurance Test Cases

    1 November 2021 | Insurance & Health Law

    On 8 October 2021 the Federal Court of Australia handed down judgment in the second business interruption test case. The Court found that in 9 of the 10 proceedings, the insuring clauses did not respond and the insurer was not liable to indemnify the insured.

  4. Languishing lawyers lose on limitations: Supreme Court finds delay from solicitors enough to bar a claim for damages

    22 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...

  5. School PE Head Clash, School Successfully Defends Claim of Negligence

    21 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.

  6. 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.

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