Should the driver of a vehicle be held liable for the actions of a passenger in the vehicle?16 May 2022 | Insurance & Health Law
An Uber driver was liable in negligence when his passenger opened his car door into a bike lane causing an accident with a passing cyclist. In Issue The quantum of damages was agreed between the parties on the first day of trial, the predominant issues...
Statutory definitions can alter the operation of double insurance6 May 2022 | Insurance & Health Law
The ACT Supreme Court found that a statutory provision can extend the definition of ‘the insured’ so that double insurance can be held to apply in circumstances where the insurance policies had been issued to different named insureds and would have otherwise not applied.
Civil Liability (Third Party Claims Against Insurers) Act 2017 – Failure to plead material facts results in refusal to grant leave to join insurer to proceedings6 May 2022 | Insurance & Health Law
In this recent NSW Supreme Court case, the court refused an application by the plaintiff to join the insurer as a defendant to proceedings. The court considered the proposed amended statement of claim to be defective, as it did not plead material facts relevant to the insurer’s liability pursuant...
Don’t say I didn’t warn you. Full Court confirms solicitors are agents of insureds14 April 2022 | Insurance & Health Law
The Full Court of the Federal Court has upheld the findings of the primary judge that an insurer was not permitted to avoid cover pursuant to s40(3) of the Insurance Contracts Act 1984 (Cth). The Full Court confirmed that sufficient notification had been previously provided by the insurer’s agent...
A study in risk: Understanding obvious risks of dangerous recreational activities8 April 2022 | Insurance & Health Law
There is nothing more deceptive, said Sir Arthur Conan Doyle, than an obvious fact2. One wonders, however, whether the services of Sherlock Holmes ought be necessary to identify the obvious - and yet when it comes to identifying the obvious risks of...
“Action must be taken” – Senate Committee reports: Cyclone Reinsurance Pool pushes forward29 March 2022 | Insurance & Health Law
The Senate Committee reports favourably on the Cyclone Reinsurance Pool.