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  1. Absence makes the heart grow fonder: whether insurer only entitled to decline indemnity if the absence of a prudent lender clause caused the loss

    7 February 2019 | Insurance & Health Law

    The court held an insurer was not entitled to decline indemnity under a professional indemnity policy because of a valuer’s failure to include a Prudent Lender clause in a valuation report in contravention of a policy exclusion. In Issue Whether a...

  2. The name’s Bond, Strata Building Bond… and Inspection Scheme

    27 March 2018 | Insurance & Health Law

    The new NSW Strata Building Bond and Inspection Scheme ("the Bond Scheme") finally commenced on 1 January 2018 and applies to construction contracts entered into, on or (where there is no written contract from) after that date. While it may not...

  3. Lights, camera, building action

    21 March 2018 | Insurance & Health Law

    Claim for breach of contract to indemnify not a ‘building action’ for the purposes of section 109ZK(1) of the Environmental Planning and Assessment Act 1979 (NSW). The New South Wales Court of Appeal has provided guidance on how the courts...

  4. Building Actions

    17 May 2017 | Insurance & Health Law

    Whether a claim issued against a structural engineer was statute barred on the basis that it did not amount to a 'building action' for the purposes of the Building Act 2004 (ACT). In Issue Whether the plaintiff’s claim fell within the...

  5. As an aside – principles to be considered when seeking to set aside a subpoena to produce

    7 December 2016 | Insurance & Health Law

    The issuing of subpoenas to produce (and to provide evidence) is a key part of a party’s arsenal in the course of litigation. This NSW District Court decision is a useful reminder of the principles the court will consider when deciding whether to...

  6. Clad Wrap: Implications for insurers arising out of non-compliant cladding

    25 May 2016 | Insurance & Health Law

    On 25 November 2014, a fire broke out on an eighth floor balcony of the Melbourne Docklands’ Lacrosse Apartments (Lacrosse Apartments). The fire spread from the eighth floor balcony up another 13 floors within a matter of minutes. Smoke detection...

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