Pursuing an insurer for personal injury damages7 December 2017 | Insurance & Health Law
The factors to be taken into account when determining an application for leave to proceed directly against an insurer under new legislation in NSW. In Issue Whether leave could be granted to a plaintiff to pursue an insurer directly for damages resulting.
Insured cannot ‘court the risk’ where risk is unknown7 December 2017 | Insurance & Health Law
An insured's deliberate action in continuing to operate a faulty boat engine did not mean that damage to the engine was not accidental within the meaning of the policy, but the court found that a defective design exclusion relieved the insurer of the.
Court relies on social media evidence to reduce $20M damages claim to nominal sum5 December 2017 | Insurance & Health Law
Social media evidence used by defendant to reduce claim for $20 million damages to nominal sum. In Issue Whether surveillance and social media records were admissible to contradict the plaintiff’s account of disabilities. The Background Yena Foong..
HealthFiles | November 20174 December 2017 | Insurance & Health Law
This issue of HealthFiles examines consent in a medico-legal context. We look at how to take informed consent from a patient, consent issues around body dysphoria and gender change in minors, and whether having a different surgeon from the one you thought
EPL.Files | December 20174 December 2017 | Insurance & Health Law
In our final issue of EPL.Files for 2017 we consider: the consequences of seemingly innocent statements made by employers during the recruitment process and the course of the employment relationship whether an employee was discriminated against for...
Employee awarded significant damages as a result of employer’s repudiatory conduct29 November 2017 | Insurance & Health Law
An employee is entitled to damages when an employer repudiates an employment contract. When assessing damages, the court will compare the financial position the employee would have been in if the employer had not engaged in the repudiatory conduct against