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  1. The Incomplete Proposal – what terms are incorporated into a policy?

    12 June 2019 | Insurance & Health Law

    The NSW Supreme Court found that terms of a page inadvertently omitted from a proposal form still formed part of the insurance policy. In Issue Whether the terms on an omitted page of a proposal form still formed part of the policy; If not, whether the...

  2. Snakes and ladders – a tale of liability and credibility

    20 November 2018 | Insurance & Health Law

    The Court of Appeal overturns a first instance decision, but findings on credibility meant there was a sting in the tail for the successful appellant. In Issue Whether a defect caused the plaintiff’s injuries and was a result of manufacture The...

  3. Insurance Coverage: an insured in all but name

    2 July 2018 | Insurance & Health Law

    The Supreme Court of Western Australia determined that, despite its interpretation rendering certain policy terms redundant, if a person or entity falls within the general definition of ‘insured’ in a policy schedule, but is unspecified by use...

  4. Commercial purpose is paramount when interpreting conflicting provisions in policies

    6 March 2018 | Insurance & Health Law

    NSW Court of Appeal upholds decision that the insurer of a builder who prepared a building report was liable to indemnify under a public and general liability policy, and a professional liability exclusion did not apply. In Issue Interpretation of...

  5. Claims made policy sows the seeds of doubt – but not on appeal

    20 February 2018 | Insurance & Health Law

    Unsuccessful appeal by Insurer against finding of obligation to indemnify water treatment engineering business under professional indemnity policy. In Issue Interpretation of Professional Indemnity insurance policy. The Background Aquagenics Pty Limited...

  6. Assignment of insurance indemnity leaves hole in excavator’s claim to recover losses

    25 August 2017 | Insurance & Health Law

    The Queensland Supreme Court had to consider whether an excavation contractor's losses were covered under its subcontractor's insurance policy and whether following a complex regime of settlements, the excavation contractor was entitled to...

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