Cleaner victorious despite missing the spill14 September 2018 | Insurance & Health Law
Despite concluding that a shopping centre cleaner had failed to identify a spill in a mall area, the NSW Court of Appeal overturned the trial judge’s finding that the cleaner had been negligent. In issue Did the cleaner commit an act of negligence...
Indemnity washed away by flood exclusion in Brisbane7 August 2018 | Insurance & Health Law
The first plaintiff was the owner of a commercial building (the building) in Brisbane’s CBD. It leased the premises to the second plaintiff, a law firm. Both plaintiffs were named on a Steadfast industrial special risk policy (the policy) which was...
The dangers posed by punctuation: a comma prevents Insurer relying on defects exclusion in motor vehicle policy22 February 2017 | Insurance & Health Law
NSWCA upholds decision that insurer cannot rely on defects exclusion in fleet motor vehicle policy to avoid liability. In Issue Proper construction of exclusion clause relating to defects The Background On 16 September 2007, Mr Zhang was seriously injured...
Residential Occupiers Found Liable: Has the castle been breached?11 November 2015 | Insurance & Health Law
Federal Court Judge: And what law are you basing this argument on? Darryl Kerrigan: The law of bloody common sense! Chief Justice Gleeson: There is no such thing as absolute safety. All residential premises contain hazards to their occupants and to...
Flood decision has potential to unleash a torrent of claims12 August 2013 | Insurance & Health Law
Flood claims have been thrust back into the spotlight with a recent decision handed down by the Supreme Court of Queensland.