Staying on the Tracks – Trains, Motor Vehicles, and Overcoming Limitation Periods2 August 2021 | Insurance & Health Law
Former NSW Fire Brigade officer exposed to a traumatic event in the line of duty 20 years ago. Sought to commence proceedings in negligence against the State but was confronted with the perennial problem of limitation periods. Curial consideration of the meaning of “vehicle” vis-à-vis trains,...
NSW Court of Appeal rules: “bare possibilities” are not enough to constitute notification of circumstances within the meaning of s40(3) of the Insurance Contracts Act 1984 (Cth)26 July 2021 | Insurance & Health Law
The NSW Court of Appeal has clarified that a notification must contain sufficient information to enable an insurer to objectively assess the likelihood or possibility of a claim. To engage section 40(3) of the Insurance Contracts Act (1984) (Cth) (ICA) it will be sufficient that the notified facts...
The Opal Tower - installed, erected, supplied…but not a "Product"22 July 2021 | Insurance & Health Law
The Full Court of the Federal Court of Australia was asked to determine a rather unique dispute as to whether the Opal Tower was a “Product” for the purposes of a policy of insurance. Having regard to the context of the policy as a whole, the Court said no.
Applicants and allocation clauses – an indemnity dispute regarding defence costs6 July 2021 | Insurance & Health Law
The Court ordered AIG Australia Limited to fully indemnify two policyholders for defence costs incurred in underlying Supreme Court proceedings pursuant to a management liability policy, despite its reliance on a narrow definition of “manager”. The Court applied a businesslike interpretation to...
The medico-legal headache: 3 months and you’re out16 June 2021 | Insurance & Health Law
The effect of a recent Queensland Supreme Court decision that considered timing and delays in obtaining medico-legal evidence is resulting in personal injury claims being subjected to arbitrary conditions on the timing of medico-legal examinations. Among the most popular is a condition being imposed...
Court of Appeal reapportions liability for Lacrosse apartment tower fire3 June 2021 | Insurance & Health Law
In March, we reported on the outcome of the appeal in the Lacrosse dispute. The Court of Appeal recently handed down a judgement on the apportionment of liability which we discuss below.