Civil Liability (Third Party Claims Against Insurers) Act 2017 – Failure to plead material facts results in refusal to grant leave to join insurer to proceedings6 May 2022 | Insurance & Health Law
In this recent NSW Supreme Court case, the court refused an application by the plaintiff to join the insurer as a defendant to proceedings. The court considered the proposed amended statement of claim to be defective, as it did not plead material facts relevant to the insurer’s liability pursuant...
Don’t let your expert evidence muddy the water!5 November 2021 | Insurance & Health Law
This case involved a consideration of whether the inundation of a shopping centre was occasioned by water overflowing from the normal confines of a natural watercourse. The court held that it was so caused by overflow from a watercourse, such that an insurance policy exclusion applied. The court...
Truck driver personally liable for damage caused after using phone whilst driving1 November 2021 | Insurance & Health Law
This decision considers whether a bailee (truck driver) owed a duty of care to a goods carrier and truck owner and whether that duty of care was breached by illegally using his mobile device, failing to pay due care and attention and losing control of the truck, causing it to crash.
Lawyers beware! How a failure to advise on an uninhabitable granny flat left a conveyancing lawyer $76,000 out of pocket8 October 2021 | Insurance & Health Law
The NSW District Court has awarded $100k in damages to a first-home buyer after its finding that her solicitor and the real estate agent involved failed to appropriately advise her on the habitability of a granny flat.
Water authority levels a dam good defence7 October 2021 | Insurance & Health Law
The New South Wales Court of Appeal set aside a finding at first instance that the Queensland Bulk Water Supply Authority (Seqwater) was liable in negligence for damage arising out of the 2011 Brisbane floods. The NSWCA allowed Seqwater’s appeal and held that it had not breached the lower standard...
Hailing down on the deductible9 February 2021 | Insurance & Health Law
In Issue Policy interpretation: Determining if a deductible is to be applied to each “claim” made under a policy, or if a deductible attaches to the single event arising in “claims” under a policy. The background Rawson Homes...