Insights Insights
  1. Court of Appeal affirms that a “back-to-back” presumption will not trump the intention of the parties.

    3 May 2017 | Insurance & Health Law

    Consideration of whether a "back-to-back" presumption was to be applied for a claim for indemnity under a reinsurance policy. In Issue Whether the ‘initial event’ sentence contained in the addendum to the agreement between the...

  2. Railway Operator and State Authority found liable in nuisance to the plaintiff for causing erosion and subsidence

    6 April 2017 | Insurance & Health Law

    A claim for nuisance with respect to railway culverts which allegedly resulted in a concentrated flow of water onto the plaintiff's property. In Issue Whether culverts resulted in water being directed to the grazing property of the plaintiff; Whether...

  3. A win for reinsurers - no back to back cover because of initial event sentence

    11 October 2016 | Insurance & Health Law

    In Issue Whether an addendum to a treaty between the parties entitled RGA to deny liability for TPD claims that occurred prior to 1 July 2005; Whether reinsurance agreements were presumed "back to back". The Background On 23 June 2003 Metlife...

  4. When a guest takes a tumble - The duty of care of residential occupiers

    18 March 2016 | Insurance & Health Law

    The New South Wales Court of Appeal recently considered the content and scope of the duty of care owed by occupiers of residential premises located in Turramurra, in the decision of Swift v Wearing-Smith [2016] NSWCA 38. On 5 November 2011 the respondent...

  5. When can a plaintiff be required to undergo multiple medical examinations?

    2 September 2015 | Insurance & Health Law

    The recent decision of the District Court of Queensland in Teys Australia Meat Group Pty Ltd v Flett [2015] QDC 177 demonstrates the difficulties faced by defendants in seeking multiple medical examinations of a plaintiff. Teys, a self insurer under the...