Form trumps substance as builder escapes liability for fire29 March 2021 | Insurance & Health Law
In this important case, the Court of Appeal has endorsed the view that whether a cause of action is apportionable will be determined by reference to the form, rather than the substance of the claim clarifying the correct approach to determining whether a claim is apportionable.
Property Insurance Update – Second Australian COVID-19 Business Interruption Test Case25 February 2021 | Insurance & Health Law
On 24 February 2021, proceedings were commenced in the Federal Court of Australia to examine further issues with respect to COVID-19 and the coverage of business interruption policies in Australia. The Insurance Council of Australia’s media release...
UK Supreme Court appeal decision on COVID-19 business interruption cover4 February 2021 | Insurance & Health Law
The United Kingdom’s Supreme Court has upheld the decision of the High Court which largely found in favour of policyholders in respect of business interruption coverage for COVID-19 claims. The Court also determined that the Orient Express Hotels...
Property Insurance Update - COVID-19 not excluded in policies referring to the “Quarantine Act”23 November 2020 | Insurance & Health Law
In a unanimous decision, the NSW Court of Appeal held that an exclusion in the infectious diseases extension for quarantinable diseases under the “Quarantine Act 1908 (Cth) and subsequent amendments” could not be construed as meaning listed...
Property Insurance Update – Implications for Australian Insurers of the UK Covid-19 Test Case21 September 2020 | Insurance & Health Law
The United Kingdom’s High Court delivered its judgment in Financial Conduct Authority v Arch and Others1 on 15 September 2020. The case found largely in favour of policyholders and that business interruption cover would extend to COVID-19 losses...
Property Insurance Update – UK High Court judgment on COVID-19 business interruption cover17 September 2020 | Insurance & Health Law
Case description The United Kingdom’s High Court has delivered its judgment in the test case regarding business interruption cover for COVID-19 claims. The Court found in favour of policyholders in the majority of issues. The case addresses disease...