Victoria or New South Wales? A question of applicable law24 January 2018 | Insurance & Health Law
This New South Wales Court of Appeal decision considers whether Victorian law governs motor accident claims which relate to injuries suffered in NSW for which compensation is payable under the Victorian workers compensation scheme. In Issue Whether...
Careless fraudster and mobile phone records defeat property damage claim24 January 2018 | Insurance & Health Law
The insurer succeeded in relying upon circumstantial evidence to prove that the insured consented to the insured property being burned down, triggering exclusion clauses in the policy. In Issue Whether objective evidence justified inference as to identity
Houseboat operator fails to take appropriate precautions, resulting in double leg amputation12 January 2018 | Insurance & Health Law
A houseboat operator was liable for amputation injuries caused when he reversed a houseboat towards a jet ski without warning. In Issue Whether or not the defendant breached his obligation to identify and warn of risk of harm Whether the risk of harm was.
Unreliable witness loses her case against employer11 January 2018 | Insurance & Health Law
The plaintiff was unsuccessful in proving her employer negligently caused a psychiatric injury, along with a perianal haematoma. In Issue Credibility Failure by the plaintiff to prove she was bullied and harassed at work Failure to prove physical injuries
"Recreational" activities can still be dangerous for professionals11 January 2018 | Insurance & Health Law
The NSW Court of Appeal has held that section 5L of the CLA can operate as a defence not only in respect of recreational sports, but also professional sporting activities and a claim by a professional jockey was therefore unsuccessful In Issue Whether...
ProFiles | December 201720 December 2017 | Insurance & Health Law
In this final edition for 2017, we consider the recently announced Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, and look at the potential top 10 coverage issues for insurers that may arise as a result...