Indemnity for Fines? That is not ‘Fine’: New Victorian Laws Pass Penalties for Unsafe Workplaces Directly to Employers11 October 2021 | Insurance & Health Law
Recent amendments to the Occupational Health and Safety Act 2004 (Vic) (OH&S Act) immediately void any term of an insurance contract or arrangement which indemnifies a person or entity for a penalty imposed for a breach of the OH&S Act regardless of whether a prosecution is on foot, when the policy...
I’ll get by with a little support and sufficiency from my claims30 September 2021 | Insurance & Health Law
Lack of support and sufficiency back under the microscope in a recent opposition appeal decision of the Federal Court of Australia.
Claims arising out of employment excluded under professional indemnity policy24 September 2021 | Insurance & Health Law
The Supreme Court of Queensland was asked to determine a dispute between an insured and insurer over the construction of two exclusion clauses in a professional indemnity policy, and in particular the clauses’ application to an ACL claim made by certain of the insured’s former employees.
Media outlets held to be ‘publishers’ of Facebook comments24 September 2021 | Insurance & Health Law
With social media platforms dominating the way we interact and express our views, it becomes increasingly important for media outlets to be vigilant as to what is being posted on their platforms. A recent High Court decision has found that media outlets are considered ‘publishers’ of defamatory...
Going for broke - indemnity declined to insurance brokers for misappropriation of trust funds18 August 2021 | Insurance & Health Law
This case concerns a brokerage firm’s request for indemnity from its insurer, related to a significant sum that had been misappropriated from its trust account. Ultimately, it was unsuccessful as the firm had not complied with its duty of disclosure because the Court attributed the knowledge of...
Federal Court decision provides useful guidance regarding s 40(3) ICA and duty of utmost good faith6 August 2021 | Insurance & Health Law
The Federal Court of Australia has held that a cosmetic surgeon’s professional indemnity insurer was not permitted to avoid cover for a claim, to which the surgeon was joined, following the expiry of the policy period. In doing so, the Court made key findings as to the scope and operation of...