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  1. Sunshine after the storm: $7M win for insured in property damage/BI appeal

    4 February 2019 | Insurance & Health Law

    The NSW Court of Appeal partially allowed an appeal from an insured, and dismissed a cross appeal by the primary insurer in a complex property damage and business interruption case. In doing so it considered the requirements for granting equitable relief...

  2. Money Max & ors in the Money with Class Action Settlement against QBE Approved

    20 July 2018 | Insurance & Health Law

    The Federal Court of Australia has recently approved a settlement of $132.5 million inclusive of costs between QBE Insurance Group Limited (QBE) and registered class members who acquired shares in QBE between August and December 2013, and who suffered...

  3. NSWCA rejects insurer’s non disclosure argument

    23 April 2018 | Insurance & Health Law

    Disclosure of the relationship between an insured employer and an occupier to the insurer’s agent was sufficient and the insurer was not entitled to avoid indemnity for non disclosure under section 21 of the Insurance Contracts Act 1984 (Cth) (ICA)....

  4. Insolvent insured no barrier to suing its insurers – Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Strikes Again

    9 March 2018 | Insurance & Health Law

    In Issue Whether the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) (Act) could be invoked to join the insurers of an insolvent company to a representative proceeding. The Background In December 2014, Rushleigh Services Pty Ltd...

  5. Proudly Supported by Westpac? Storm Financial class action settlement gets Federal Court seal of approval

    20 February 2018 | Insurance & Health Law

    In an early Christmas present for a class of Westpac Bank customers who borrowed to invest in Storm Financial, the Federal Court approved a $7.5M class action settlement against the Bank. With around $2.5M of that amount payable in costs to the...

  6. Insured weathers storm of property versus business interruption policy quagmire

    26 October 2017 | Insurance & Health Law

    The NSW Supreme Court recently upheld an insured's entitlement to indemnity for a $62M claim under a Property Damage and Business Interruption Policy, despite the insurer contending a hail limit applied to cap recovery. In Issue Whether a ‘hail...

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