Insights Insights
  1. Caution to insurers; deferring assessments requires reasonable bases

    16 October 2020 | Insurance & Health Law

    A decision which analyses when it becomes unreasonable for an insurer to withhold payment of a TPD benefit as it conducts its investigations into the claim. In Issue When it will become unreasonable for an insurer to withhold payment of a Total and...

  2. Fraudulent misrepresentations about drug use entitle insurer to avoid policy

    23 September 2020 | Insurance & Health Law

    Life Insurer entitled to avoid policy for Insured’s misrepresentations and failure to comply with duty of disclosure regarding illicit drug use. In Issue Whether the Insured fraudulently failed to comply with his duty of disclosure and made...

  3. Court of Appeal confirms the standard and duty of care for legal practitioners

    14 September 2020 | Insurance & Health Law

    The NSW Court of Appeal has dismissed an appeal by the plaintiff from a judgment of the Supreme Court, which highlighted the importance of identifying a risk of harm and causation when establishing a claim in negligence against solicitors. In issue...

  4. It’s all in the context – the Full Court of the Federal Court considers construction of insurance contracts

    4 September 2020 | Insurance & Health Law

    The Full Court of the Federal Court overturned the findings of Chief Justice Allsop and held that insurer Liberty was liable to indemnify Swashplate for damage to a helicopter in transit from Mississippi to Queensland. In Issue Whether Swashplate was...

  5. Policy Construction: A broad approach to “Property Insured” under an ISR policy

    20 July 2020 | Insurance & Health Law

    This case considered whether the property insured under an Industrial Special Risk policy was confined to property specifically listed or used for the insured business, or to the property at the insured location. The Background Oceanview Developments Pty...

  6. A failed $25 million investment reinforces the importance of early and specific claim notification

    13 July 2020 | Insurance & Health Law

    The NSW Court of Appeal has unanimously dismissed an appeal by DIF III - Global Co-Investment Fund L.P (DIF). The appeal addressed, amongst other things, the entitlement of DIF Capital Partners Limited (the Manager) to cover under a policy of professional...

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