Mondaq Australia: Insurance
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.
HBA Legal
We discuss Chin v Comcare [2017] AATA 634 (10 May 2017).
Clyde & Co
The New South Wales Parliament is currently considering the Civil Liability (Third Party Claims Against Insurers) Bill 2017 (the Civil Liability Bill). If passed, the new legislation will give effect...
Norton Rose Fulbright Australia
Conflicting interests between an insured and insurer could arise for solicitors who act as coverage and defence counsel.
Clyde & Co
Reasonable precautions provisions are a common feature of first party insurance policies, as well as some forms of liability policy, however the circumstances in which an insurer can rely on...
Sparke Helmore Lawyers
This update looks at the latest legal developments affecting self-insurers and claims agents in Victoria.
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Colin Biggers & Paisley
Parties who wish to draw a Jones v Dunkel inference should ensure they plead and/or particularise their case clearly.
Carroll & O'Dea
This Act introduces a new NSW CTP Scheme to replace the scheme under the Motor Accidents Compensation Act 1999 (NSW).
Holding Redlich
This issue was a case study of The Owners Strata Plan No 66375 v Suncorp Metway Insurance Ltd (No 2) [2017] NSWSC 739.
Gilchrist Connell
The case turned on the identity of the driver, as the insurance policy did not respond if the plaintiff was the driver.
Coleman Greig Lawyers
As a new financial year approaches, take time to review key aspects of your business to ensure a successful year ahead.
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.
Norton Rose Fulbright Australia
Insurers should be aware of inherent risks for targeted policies having regard to the nature of an insured's business.
Norton Rose Fulbright Australia
This case impacted on issues relating to dual insurance, including how "other insurance" provisions are to be applied.
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