Insights Insights
  1. 9 out of 10: FCA finds in favour of insurers in Second COVID-19 Insurance Test Cases

    1 November 2021 | Insurance & Health Law

    On 8 October 2021 the Federal Court of Australia handed down judgment in the second business interruption test case. The Court found that in 9 of the 10 proceedings, the insuring clauses did not respond and the insurer was not liable to indemnify the insured.

  2. Tetraplegic helicopter pilot awarded over $5.6 million in damages

    6 May 2020 | Insurance & Health Law

    A tetraplegic helicopter pilot who successfully established negligence against his employer at trial in 2016 has now been awarded over $5.6 million in damages in a 3 day quantum only trial. In Issue The plaintiff’s life expectancy, economic loss,...

  3. 'Secondary' tortfeasors found liable for storeroom gas explosion

    13 November 2019 | Insurance & Health Law

    The Supreme Court of New South Wales has awarded over $3 million in damages to a school caretaker injured in a gas explosion. Unable to sue the entity responsible for the negligent work, the plaintiff pursued 5 parties whose responsibility for the...

  4. Mine operator successfully relies on contractual indemnity

    4 October 2017 | Insurance & Health Law

    Whether the contractual arrangements between the defendants resulted in a transfer of liability from one defendant to another. In Issue Whether plaintiff caused or contributed to his own injuries Whether the excavator operator was employed by the mine...

  5. A win for local authority - Council not liable for plaintiff’s tumble

    24 May 2017 | Insurance & Health Law

    Barry.Nilsson. recently successfully defended a claim against the Brisbane City Council by establishing that the plaintiff's injury was not, as alleged by her, sustained when her foot became entrapped by a protruding object in a park. In Issue Whether...

  6. Employer liable for fatal helicopter crash

    12 December 2016 | Insurance & Health Law

    An employer was found liable for a helicopter crash in PNG for failure to appreciate and respond to risk of fast forming cloud. In Issue Whether employer failed to warn the plaintiff of the risk of quick forming cloud and provide adequate flight...

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