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.
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...
Did you approve it? Consideration of approved product exclusion clause in a composite policy. Make sure you are clear and consistent.1 February 2022 | Insurance & Health Law
The Supreme Court of Queensland considered the construction of an approved product exclusion in a professional indemnity policy held by a financial planning firm referable to the conduct of its employee and authorised representative.
Liberty wins on "professional services" exclusion clause22 December 2021 | Insurance & Health Law
In the Supreme Court of New South Wales decision handed down on 3 December 2021, his Honour Stevenson J provided further guidance on interpretation of exclusion clauses in the context of claims under Combined General and Product Liability and Professional Indemnity Policy. The decision demonstrates...
Solicitors found negligent for failing to inform developers of critical deadlines in a contract for sale9 December 2021 | Insurance & Health Law
Solicitors failed to inform a client of critical deadlines that would entitle a purchaser to rescind a contract for sale. The solicitors were found to have acted negligently and in breach of their retainer, however the client was held contributorily negligent for failing to instruct their solicitors...
Failing to obtain instructions on key issues leads to $13 million professional negligence finding8 December 2021 | Insurance & Health Law
The Supreme Court of New South Wales considered a professional negligence claim against a law firm in which the failure to identify a side deed to a lease, during a nine day retainer and a time sensitive and important transaction, resulted in significant losses.