Claims made policy sows the seeds of doubt – but not on appeal20 February 2018 | Insurance & Health Law
Unsuccessful appeal by Insurer against finding of obligation to indemnify water treatment engineering business under professional indemnity policy. In Issue Interpretation of Professional Indemnity insurance policy. The Background Aquagenics Pty Limited...
Employer’s negligence limits its right of recovery from another tortfeasor1 February 2018 | Insurance & Health Law
Whether an employer, who was also a tortfeasor, could recover payments of workers compensation from another tortfeasor. In Issue Apportionment of liability. Whether an employer is entitled to recover compensation from a third party tortfeasor when the...
Section 6 Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) – does not change the onus of proof for out of time claims1 February 2018 | Insurance & Health Law
Whether the onus is on the claimant or the insurer to prove that a proposed claim is within time or out of time for leave to bring proceedings under the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW). In Issue Who bears the onus of...
Careless fraudster and mobile phone records defeat property damage claim24 January 2018 | Insurance & Health Law
The insurer succeeded in relying upon circumstantial evidence to prove that the insured consented to the insured property being burned down, triggering exclusion clauses in the policy. In Issue Whether objective evidence justified inference as to identity...
Houseboat operator fails to take appropriate precautions, resulting in double leg amputation12 January 2018 | Insurance & Health Law
A houseboat operator was liable for amputation injuries caused when he reversed a houseboat towards a jet ski without warning. In Issue Whether or not the defendant breached his obligation to identify and warn of risk of harm. Whether the risk of harm was...
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...