Federal Court of Australia rules against TAL Life Limited8 April 2021 | Insurance & Health Law
Federal Court finds insurer guilty of breaching its duty to act with utmost good faith towards an insured.
Conduct required to decline indemnity under a reasonable precautions clause clarified by the Victorian Supreme Court6 April 2021 | Insurance & Health Law
This case considered a dispute between an insurer and its insured regarding the insurer’s refusal to grant indemnity to the insured under a public liability policy. The court found clauses that require an insured to take reasonable precautions are not breached by actions that amount to negligence,...
Financial institution unable to join insurer to costly lawsuit against ex-financial advisor18 March 2021 | Insurance & Health Law
The court refused to grant leave for financial institution, Count Financial, to join the insurer of its former financial advisor Mr Inderesan Pillay to a proceeding. Mr Pillay was alleged to have breached his duty of care to his clients when providing financial advice, in turn leaving his clients...
Claim for rectification of Side C sublimit cover: each excess layer to be individually considered22 February 2021 | Insurance & Health Law
A shareholder class action was brought against Quintis Ltd (Subject to Deed of Company Arrangement). A claim was then brought against Quintis’ D&O insurers seeking rectification of Side C cover under a multilayered Directors’ and Officers’ liability programme on the basis that the $10 million...
Full Federal Court Comments on Operation of Exclusion Clause to Victorian Lockdown Losses3 February 2021 | Insurance & Health Law
In Issue The applicant claimed indemnity from the respondent insurer for losses resulting from COVID-19 lockdowns in Victoria. The question posed to the Full Court of the Federal Court concerned the proper construction of an exclusion clause in...
Booze burns in warehouse blaze: Accounting for insurable interests of Third Party Beneficiaries22 December 2020 | Insurance & Health Law
Claim by MOS Beverages (the Applicant), as a third party beneficiary, for indemnity for loss of goods under an Industrial Special Risks Policy issued by CGU (the Respondent) to Admiral International Pty Ltd (Admiral), and interpretation of policy wording...