Labour hire employer not liable – no dual vicarious liability in Australia26 October 2017 | Insurance & Health Law
Occupier escapes liability for injury to labour hire employee despite ownership of vehicle which caused injuries. In Issue Whether employer vicariously liable for driver of pallet mover Whether Coles as occupier was negligent under Civil Liability Act...
Insured weathers storm of property versus business interruption policy quagmire26 October 2017 | Insurance & Health Law
The NSW Supreme Court recently upheld an insured's entitlement to indemnity for a $62M claim under a Property Damage and Business Interruption Policy, despite the insurer contending a hail limit applied to cap recovery. In Issue Whether a ‘hail.
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...