Insights Insights
  1. Decisions, Decisions, Decisions: General Principles for insurers when deciding TPD claims

    11 September 2018 | Insurance & Health Law

    An insurer breached its duty to a person claiming a Total and Permanent Disablement benefit when it declined the claim on two separate occasions. This decision highlights the general legal principles for insurers when deciding TPD claims, particularly...

  2. Court adopts “not reasonable” test in refusing to grant an extension of the limitation period in a defamation case

    27 February 2017 | Insurance & Health Law

    Despite a ruling that it would not have been reasonable for defamation proceedings to have been commenced within the limitation period, an extension of time was refused because not all of the subsequent delay in commencing proceedings was explained. In...

  3. Calculating the reduction of damages for a contributorily negligent plaintiff in a blameless accident

    27 October 2016 | Insurance & Health Law

    In Issue Consideration of the extent to which damages should be reduced for contributory negligence in a blameless accident. The Background At 1:40am on 14 August 2010, the appellant was walking along an unlit road when he was struck from behind by a car...