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  1. Fraudulent claims within the meaning of section 56 of the Insurance Contracts Act

    26 November 2021 | Insurance & Health Law

    Insureds were found to have lit a fire at their business premises and also to have significantly and deliberately exaggerated the value of their stock and equipment losses entitling their insurer to refuse payment of the claim made under a business insurance policy.

  2. When past aged care costs meet causation in CTP

    22 November 2021 | Insurance & Health Law
    Tags CTP

    The 98 year old applicant was injured in an MVA and as a result was placed in residential aged care. In a case stated, the Court considered whether (and when) the applicant would have required residential aged care in any event, in a situation where the lion’s share of the applicant’s damages...

  3. Personal Injury Commission - Pitfalls for Insurers and Claimants

    22 November 2021 | Insurance & Health Law
    Tags CTP

    The NSW government’s press release described the creation of the PIC as, “A new one stop shop Personal Injury Commission to simplify the dispute resolution system for injured workers and road users”. However, it seems that there are many instances where the process is now more complex and...

  4. Significant CTP Cases of 2021: NSW and ACT

    22 November 2021 | Insurance & Health Law
    Tags CTP

    In 2021 there were several interesting CTP cases in the NSW and ACT jurisdictions and here four are selected covering procedure, negligence, contributory negligence, and causation. The case of Wahhab v Insurance Australia highlighted the importance of...

  5. The court considers reasonable and appropriate rehabilitation services under the MAIA

    22 November 2021 | Insurance & Health Law
    Tags CTP

    On 28 June 2018, Mr McIntyre (first applicant) and his wife, Ms Ho (second applicant), were involved in a high-speed head on motor vehicle accident (the accident). The applicants both sustained severe and multiple injuries. Their sons were also injured in...

  6. The Red Car Conundrum

    22 November 2021 | Insurance & Health Law
    Tags CTP

    A badly injured plaintiff was unsuccessful at trial when the Court determined that a red vehicle, which the plaintiff alleged caused the accident, did not exist. In issue The plaintiff claimed that the accident occurred as a result of the negligence of an...

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