Insights Insights
  1. Fraudulent claims within the meaning of section 56 of the Insurance Contracts Act

    26 November 2021 | Insurance & Health Law

    Insureds were found to have lit a fire at their business premises and also to have significantly and deliberately exaggerated the value of their stock and equipment losses entitling their insurer to refuse payment of the claim made under a business insurance policy.

  2. When is property in your physical or legal control for the purposes of an exclusion clause?

    1 November 2021 | Insurance & Health Law

    In this interfamilial dispute involving the destruction of a large number of railway sleepers in a rural fire, the Court had no difficulty finding the defendants liable to the plaintiff, and then had to decide whether an exclusion in the defendants’ liability policy applied to exclude the...

  3. 9 out of 10: FCA finds in favour of insurers in Second COVID-19 Insurance Test Cases

    1 November 2021 | Insurance & Health Law

    On 8 October 2021 the Federal Court of Australia handed down judgment in the second business interruption test case. The Court found that in 9 of the 10 proceedings, the insuring clauses did not respond and the insurer was not liable to indemnify the insured.

  4. Victorian Supreme Court considers prior deed set-off approach and occupational trajectory in historical abuse claim

    1 November 2021 | Insurance & Health Law

    In awarding damages flowing from a historical sexual abuse claim, the Supreme Court revisits a prior deed and determines various important issues associated with ‘set off’ provisions, analysis of alleged vocational and occupational trajectory in the context of economic loss, interest...

  5. Don’t let your right of subrogation or recoupment turn to mist!

    11 October 2021 | Insurance & Health Law

    The Federal Court considered an insurer’s right of recoupment against an insured in circumstances where the insured received the benefit of a settlement in relation to an indemnity dispute with the insurer and also successfully recovered losses from a third party.

  6. Indemnity for Fines? That is not ‘Fine’: New Victorian Laws Pass Penalties for Unsafe Workplaces Directly to Employers

    11 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...

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