Despite breach of duty, insurance broker succeeds in professional negligence claim6 May 2022 | Insurance & Health Law
The Supreme Court of New South Wales considered a professional negligence claim against a broker pertaining to the failure to give advice in respect of an exclusion involving swimming pools in a homeowner's insurance policy.
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...
Class Action Loses Oxygen in Insurance Coverage Dispute28 April 2022 | Insurance & Health Law
The Insurer of a now defunct plumbing company allegedly responsible for igniting bushfires in 2017 was entitled to rely on a policy exclusion relating to welding work to deny cover for the claim.
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...
“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.