Mondaq Australia: Insurance
Norton Rose Fulbright Australia
Clear language must be adopted by the insurer to avoid any confusion as to what is covered under the terms of the policy.
Clyde & Co
The decision also confirms established principles relevant to the approach that Australian courts will take to the construction of an insurance policy.
Norton Rose Fulbright Australia
The decision provides useful guidance on the bounds of pollution liability coverage and also issues of non-disclosure.
Gilchrist Connell
The Court upheld the application of the exclusive choice of court and choice of law clause in the insurance policy.
Kott Gunning
His claim was dismissed when he failed to prove that the unidentified driver of the small car had caused the accident.
Clyde & Co
On 1 June 2017, the Civil Liability (Third Party Claims Against Insurers) Act 2017 (the Act) received Royal Assent and entered into force in New South Wales.
HBA Legal
Exclusion clauses cannot limit the field of cover of an insurance policy to defeat the commercial object of the policy.
Colin Biggers & Paisley
This case is also a reminder that insurers should ensure that their policies, with defined terms, are clearly drafted.
Norton Rose Fulbright Australia
Organisations should consider cyber-insurance, as cyber risk impacts all organisations irrespective of the industry.
Gilchrist Connell
The Act's operation has been simplified, providing more certainty for insurers, insureds and third party claimants.
Holman Webb
Unless this decision is overturned on appeal, there may need to be a complete rethink about adverse costs policies.
Gilchrist Connell
The case turned on the identity of the driver, as the insurance policy did not respond if the plaintiff was the driver.
Norton Rose Fulbright Australia
Insurers should be aware of inherent risks for targeted policies having regard to the nature of an insured's business.
HBA Legal
With updated legislation insurers will achieve much needed clarity and certainty around third party claims against them.
Norton Rose Fulbright Australia
The broad language of the coverage clause was to be read in line with both the policy and relevant external materials.
Carroll & O'Dea
TPD insurance is life insurance which pays the insured a lump sum in the event of Total and Permanent Disablement.
Colin Biggers & Paisley
Parties who wish to draw a Jones v Dunkel inference should ensure they plead and/or particularise their case clearly.
Norton Rose Fulbright Australia
This case impacted on issues relating to dual insurance, including how "other insurance" provisions are to be applied.
Holman Webb
Health care providers must understand their medical malpractice and civil liability policy terms and conditions.
Norton Rose Fulbright Australia
Both failure to innovate and innovation itself are projected to be recognised as major risks within the next few years.
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HBA Legal
Exclusion clauses cannot limit the field of cover of an insurance policy to defeat the commercial object of the policy.
Gilchrist Connell
They both must recognise vulnerabilities in their work practices and take steps to protect sensitive client information.
HopgoodGanim
The employer was liable for failing to train and instruct a worker to lift a wheelie walker from the boot of a vehicle.
Kott Gunning
His claim was dismissed when he failed to prove that the unidentified driver of the small car had caused the accident.
Holding Redlich
Standard contracts must clarify that joint insurance clauses do not compromise the insurer's ability to pursue recovery.
Bartier Perry
The subsequent section 74 notices complicated the matter, but the work capacity decision could continue to operate.
Gilchrist Connell
The Court upheld the application of the exclusive choice of court and choice of law clause in the insurance policy.
Clyde & Co
On 1 June 2017, the Civil Liability (Third Party Claims Against Insurers) Act 2017 (the Act) received Royal Assent and entered into force in New South Wales.
Norton Rose Fulbright Australia
The decision provides useful guidance on the bounds of pollution liability coverage and also issues of non-disclosure.
Colin Biggers & Paisley
This case is also a reminder that insurers should ensure that their policies, with defined terms, are clearly drafted.
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