Insights Insights
  1. Careless fraudster and mobile phone records defeat property damage claim

    24 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

  2. Houseboat operator fails to take appropriate precautions, resulting in double leg amputation

    12 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.

  3. Pursuing an insurer for personal injury damages

    7 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.

  4. Insured cannot ‘court the risk’ where risk is unknown

    7 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.

  5. Labour hire employer not liable – no dual vicarious liability in Australia

    26 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...

  6. Insured weathers storm of property versus business interruption policy quagmire

    26 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.

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