Policy construction: the meaning of “third party claim” in a professional indemnity policy25 July 2017 | Insurance & Health Law
A case concerning the construction of an insuring clause in a "claims made" policy. In Issue Whether an entity associated with the insured was a “third party” within the context of the insuring clause of a claims made policy...
Claims Made Policy Sows the Seeds of Doubt16 June 2017 | Insurance & Health Law
The Federal Court held that not only was an insurer obliged to indemnify its insured because the claim arose out of a "wrongful' act under the policy, it was also liable for ancillary amounts claimed because they arose from the same set of...
The importance of satisfying a condition precedent1 June 2017 | Insurance & Health Law
The plaintiff insurer was not entitled to rely on a deed of indemnity to recover $4.3M in remedial work costs because of its failure to comply with a condition precedent requiring it to notify any proposed settlement of a claim. In Issue Non-compliance...
The utility of joining insurers to proceedings; what to do, what to do1 June 2017 | Insurance & Health Law
The plaintiffs sought leave to join the defendants' insurers to proceedings pursuant to s6(4) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) [LR(MP) Act]. The Court declined to exercise its discretion to grant leave as it was not...
High Court to decide whether Federal Court had power to prohibit indemnification for a penalty imposed by it25 May 2017 | Insurance & Health Law
Federal Court imposed penalties on a union official for breaches of the Fair Work Act 2009 (Cth) (FW Act), and ordered that the union was not to indemnify the official for those penalties. On appeal the Full Court of the Federal Court held that section...
Broker not in breach of duty when advising on increased declaration of Gross Sales Turnover with respect to business interruption renewal17 May 2017 | Insurance & Health Law
Broker did not fail to advise or make inquiries of the plaintiffs about including an increased declaration of Gross Sales Turnover for purposes of business interruption renewal. In Issue Whether the broker breached its duty to client. Whether the...