Insights Insights
  1. Aggregating factors: NSW Court of Appeal finds that one deductible is to be applied to multiple claims made under aggregation clause involving representative proceedings

    3 October 2019 | Insurance & Health Law

    The NSW Court of Appeal has recently overturned the Supreme Court’s decision finding that 192 individual claims made against the Bank of Queensland (BOQ) could be aggregated to constitute a single claim and therefore a single deductible will apply....

  2. Covered without being named – underwriters beware!

    18 September 2019 | Insurance & Health Law

    The Western Australian Court of Appeal has recently found that a non-contracting party to a policy may be included within the definition of ‘Insured’ where the policy schedule includes reference to all Principals, Contractors, and...

  3. 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...

  4. 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...

  5. 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...

  6. 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...

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