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  1. Insurance broker ordered to pay client’s copyright infringement settlement with Microsoft after failing to advise of potential risk

    13 March 2020 | Insurance & Health Law

    Online retailer PC Case Gear has been awarded damages from its former insurance broker, Instrat Insurance Brokers Pty Ltd. The Federal Court held that a reasonably competent insurance broker would have discerned a risk of copyright infringement from the...

  2. Claims Made Policy Sows the Seeds of Doubt

    16 June 2017 | Insurance & Health Law

    The Federal Court held that not only was an insurer obliged to indemnify its insured because the claim arose out of a "wrongful' act under the policy, it was also liable for ancillary amounts claimed because they arose from the same set of...

  3. Engineer did not owe a duty of care to a subsequent purchaser for the design and certification of a concrete slab

    22 March 2017 | Insurance & Health Law

    Plaintiff company failed to establish a claim for pure economic loss against a builder and engineers with respect to failure of a concrete slab in an airconditioning storage warehouse. In Issue Claim for pure economic loss Consideration of whether the...

  4. Inspecting buildings and exclusion clauses: proceed with caution

    22 March 2017 | Insurance & Health Law

    Building inspector and insurer liable to child plaintiff for brain injuries and to mother for nervous shock following balcony collapse. In Issue Negligence of building inspector Construction of exclusion clause in insurance policy The Background The...

  5. Solicitor not liable to financier client despite breach of duty

    24 January 2017 | Insurance & Health Law

    The NSWCA upheld the trial judge's decision that a financier failed to prove causation because it would have proceeded with a loan transaction despite its solicitor's breach of duty. In Issue Whether a plaintiff lender established causation, by...

  6. Real Estate Professionals Beware: Are you providing financial advice?

    4 November 2016 | Insurance & Health Law

    In Issue Meaning of “financial advice” The Background Over the course of the last 20 years, Australia has witnessed a significant property investment boom. While many real estate professionals can provide property related services to...

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