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The Opal Tower - installed, erected, supplied…but not a "Product"
22 July 2021 | Insurance & Health LawThe Full Court of the Federal Court of Australia was asked to determine a rather unique dispute as to whether the Opal Tower was a “Product” for the purposes of a policy of insurance. Having regard to the context of the policy as a whole, the Court said no.
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Can Bob the Builder still fix it? The Design and Building Practitioners Act 2020 (NSW) and implications for insurers
29 June 2020 | Insurance & Health LawThe Design and Building Practitioners Act 2020 (NSW) (DBP Act) was assented to on 10 June 2020 and represents the first step in the NSW Government’s reform of the building industry following Shergold and Weir’s review of compliance and...
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Claims Made Policy Sows the Seeds of Doubt
16 June 2017 | Insurance & Health LawThe Federal Court held that not only was an insurer obliged to indemnify its insured because the claim arose out of a "wrongful' act under the policy, it was also liable for ancillary amounts claimed because they arose from the same set of...