Insights Insights
  1. Booze burns in warehouse blaze: Accounting for insurable interests of Third Party Beneficiaries

    22 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...

  2. Plain language exclusions – a berry good idea

    18 December 2020 | Insurance & Health Law

    A recent application of policy exclusions in a damages claim arising from contaminated food products. In Issue The Supreme Court considered the application of various exclusion clauses in a policy of insurance that an insurer sought to rely on to deny...

  3. Insurance Claim goes up in smoke – Court accepts a fire damaging a hotel was a wilful act

    11 December 2020 | Insurance & Health Law

    The Supreme Court of NSW found the defendant insurers were entitled to decline indemnity to the plaintiff hotel owners on the basis the fires that caused the subject damage were deliberately lit by one of them, a former police officer. In Issue Whether...

  4. Accept your fate: Court of Appeal confirms that reliance on implication alone may not suffice to prove acceptance of an offer

    8 December 2020 | Insurance & Health Law

    In a recent appeal, the Victorian Supreme Court of Appeal affirmed the importance of clear acceptance of an offer for a contract to be binding. The applicant was communicating with the respondent insurer in relation to both an annual renewal and/or a 14...

  5. Warning, Obvious Risk!

    7 December 2020 | Insurance & Health Law

    The WA Supreme Court of Appeal has confirmed that a residential occupier was not liable for injuries suffered by a neighbour who fell through a laserlite roof panel at the occupier’s home. The Court of Appeal confirmed that the risk was an obvious...

  6. Shareholders get no joy in application for inspection of insurance documents in Dreamworld class action

    26 October 2020 | Insurance & Health Law

    The Federal Court dismissed an application by shareholders in a class action under s 247A of the Corporations Act for inspection of insurance documents and insurance related correspondence, for the purpose of ascertaining the commercial viability of the...

Load More