The Federal Court dismissed a claim for indemnity under a property damage insuring clause as the claim was with respect to defective works rather than ‘property damage’14 May 2019 | Insurance & Health Law
The Federal Court recently dismissed a claim under the liability coverage clause of a business insurance policy (policy) for alleged ‘property damage’ to an underground conduit for carrying cables, finding the claim concerned defective works...
The Queensland Supreme Court considers the appropriate amount to compensate a man who contracted Q fever debility syndrome14 May 2019 | Insurance & Health Law
The Queensland Supreme Court awards a seriously ill man $655,156 for past and future gratuitous care. In Issue What evidence needs to be considered when calculating damages for past and future gratuitous care. The Background The plaintiff, Mr Thomson, a...
Professional indemnity for migration agents: recent developments and insights10 May 2019 | Insurance & Health Law
This article discusses the impact of recent developments in the migration agent industry, including: the recent report of the Parliamentary Inquiry into the regulation of Australian migration agents; the abolition last year of the 457 visa and its...
Policy terms reign supreme – QLD Court of Appeal denies cover to principal contractor assigned rights under subcontractor’s insurance policy10 May 2019 | Insurance & Health Law
A recent Queensland Court of Appeal decision has considered whether losses sustained by a principal in remedying defective excavation works done by a subcontractor were covered under the subcontractor’s insurance policy following a settlement...
Common pitfalls in modern proceedings10 May 2019 | Insurance & Health Law
In Liprini v McIntyre  NSWSC 355, Acting Justice Simpson extensively discussed some of the common pitfalls in the progression of modern proceedings, in the context of a professional negligence claim against solicitors, focusing on risk of harm,...
U-turn, U lose: CTP claim fails due to inconsistencies in plaintiff’s evidence over passage of time8 May 2019 | Insurance & Health Law
Following a three day trial in the District Court at Townsville, Coker DCJ found that a woman who was involved in a collision whilst performing a legal u-turn was not entitled to damages for her injuries because the accident was wholly a result of her own...