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Court of Appeal overturns landmark abuse claim
18 August 2022 | Insurance & Health LawThe NSW Court of Appeal has overturned the decision of a lower court and, in the process, provided some much needed guidance on common evidentiary issues presenting in abuse claims.
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Permanent stays: when a fair trial is possible
16 August 2022 | Insurance & Health LawThe Supreme Court of Victoria has declined to order a permanent or even temporary stay for a historical abuse claim from the 1970s.
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Misrepresentation argument misfires: Insurer fails to prove that it is entitled to avoid or reduce liability under insurance policy
26 July 2022 | Insurance & Health LawThe New South Wales Supreme Court was asked to determine whether an insurer was entitled to relief under the Insurance Contracts Act 1984 (Cth) s 28 in relation to alleged misrepresentations and/or nondisclosures made by insured Hotel on public liability insurance policy renewal form.
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Waivers, weather and a win for a skydiving company sued when a tandem skydive went wrong
23 February 2021 | Insurance & Health LawThe Federal Court adopts a sensible and business-like approach towards the construction of insuring clauses, professional indemnity exclusions and defence costs extension clauses.
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Plain language exclusions – a berry good idea
18 December 2020 | Insurance & Health LawA 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...
