Context, commas, causation and contra proferentum – policy interpretation by the Federal Court8 July 2019 | Insurance & Health Law
In this case, an insured challenged an insurer’s reliance on an exclusion clause to decline a claim made following heat damage to the insured’s stockpiles of grain. The case is of interest to all those who are interested in the nitty gritty of...
Policy construction: the meaning of “third party claim” in a professional indemnity policy25 July 2017 | Insurance & Health Law
A case concerning the construction of an insuring clause in a "claims made" policy. In Issue Whether an entity associated with the insured was a “third party” within the context of the insuring clause of a claims made policy...
Acting in good faith: recent guidance from the Supreme Court of New South Wales20 October 2015 | Insurance & Health Law
The duty of good faith owed to one another by insurers and insured parties is a fundamental feature of the insurance relationship. The duty has long existed at common law and is now also an implied term in every contract of general insurance thanks to the...
Queensland Court of Appeal says you cannot compensate yourself29 October 2013 | Insurance & Health Law
No cover under a liability policy for an insured liable at law to remediate its own land. Liability policies are generally limited to providing cover for an insured’s liability “to pay damages” or “to pay compensation”. Insureds and their brokers ought to pay attention to what is provided...
Hancock Foundation hits a dead end with insurance claim18 June 2013 | Insurance & Health Law
Last month, the Supreme Court of Western Australia handed down its latest decision in the highly publicised Hancock family litigation and in doing so, has had cause to consider the circumstances in which a third party can recover directly from another person’s insurer.
The lucky number for insureds is still 54...18 June 2013 | Insurance & Health Law
A year on, in Matthew Maxwell v Highway Hauliers Pty Ltd2, Western Australia’s Court of Appeal has now voiced its support for the Supreme Court’s decision and, in doing so, has given insureds seeking to rely on section 54 another weapon for their arsenal.