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  1. AFCA forces insurer to lower its premium on a home and contents policy

    26 March 2019 | Insurance & Health Law

    The Australian Financial Complaints Authority (AFCA) has made a determination requiring an insurer to lower the premium offered on a home and contents insurance policy - read it here. The relevant complaint was made in response to a renewal notice from...

  2. AFCA begins consultation on plans to accept legacy complaints

    21 March 2019 | Insurance & Health Law

    Following the Hayne Royal Commission, both the Government and Opposition outlined their respective plans to expand the remit of AFCA (see our earlier article). Significantly, both major parties agree on empowering AFCA to consider legacy complaints dating...

  3. AFCA changes give rise to significant uncertainty for financial service providers and their insurers

    1 March 2019 | Insurance & Health Law

    The Australian Financial Complaints Authority (AFCA) is set to be beefed up with potentially significant ramifications for financial service providers and their insurers. AFCA was established in November last year to consider complaints against financial...

  4. The Perils of Appeal

    5 November 2018 | Insurance & Health Law

    A 50 year old bus driver who suffered soft tissue injuries to her spine and a related Adjustment Disorder has had her damages award of approximately $540,000 upheld on appeal. In Issue Whether the trial judge erred in her assessment of various heads of...

  5. Does a driver always owe their passengers a duty of care?

    14 June 2017 | Insurance & Health Law

    The answer is no; as demonstrated in the recent Queensland Supreme Court decision of Captain v Wosomo & Anor [1]. The decision dealt with tragic circumstances involving a plaintiff (who was 14 years old at the time) who suffered catastrophic head...

  6. Witnesses and traffic history quash motorcyclist’s claim for damages

    3 May 2017 | Insurance & Health Law

    Motorcyclist fails in claim for damages for amputation injuries following collision with motor vehicle. In Issue The circumstances of a collision between and motor cycle and a vehicle at an intersection Background At about 9.30 am on 15 June 2013, Mr...

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