Pulse - Issue 3
Pulse - Issue 3, June 2013
In this issue of Pulse, we discuss developments concerning Medical Panel reasons; the implications of ‘superbugs’ for risk management strategies; a recent spate of coronial findings concerning aggressive psychiatric patients and the dangers they present not only to themselves, but to staff; reforms in Health Law; aspects of the assessment tool used to determine psychiatric impairment in civil claims - the GEPIC; and we look at some recent decisions of the courts in medical negligence cases. Read full article...
A win for financial advisers
Insurance eBulletin - 4 June 2013
A financial adviser has successfully defended a claim for negligent advice. The Federal Court has found that in providing his advice, it was reasonable for the adviser to rely on Lonsec research and a standard model portfolio developed by an internal review committee at his firm. Read full article...
Victorian Government announces inquiry into Wrongs Act 1958
Insurance newsflash - 3 June 2013
The Victorian Treasurer has requested the Victorian Competition and Efficiency Commission to conduct an inquiry into aspects of the Wrongs Act 1958. The Inquiry appears to arise from concerns that tort reform has in some instances unjustifiably or unnecessarily restricted access to compensation and treats different plaintiffs inconsistently. Read full article...
High Court dismisses appeal in Wallace v Kam - Patient's claim unable to satisfy two limb causation test
Insurance eBulletin - 9 May 2013
In a particularly good result for medical indemnity insurers, the High Court has ruled that a medical practitioner should not be held liable to compensate a patient for harm resulting from an inherent risk of a procedure even though, had he properly warned the patient of material inherent risks associated with the procedure, the patient would not have elected to undergo the procedure at all. In this eBulletin we provide further background to the decision and its implications for insurers. Read full article...
High Court allows proportionate liability appeal
Insurance eBulletin - 5 April 2013
The High Court has allowed the appeal by a firm of solicitors who had been found liable for the whole of a lender's loss arising out of a loan procured by the fraud of others. The case is groundbreaking in terms of the operation of proportionate liability Australia wide in terms of its analysis of "the damage or loss" that is the subject of an apportionable claim and therefore, who qualifies as a concurrent wrongdoer. The appeal was however only allowed by a 3:2 majority and so this subject remains ripe for debate. Read full article...
Year in Preview
Insurance eBulletin - 28 March 2013
We are delighted to present the inaugural edition of Year in Preview, in which Lander & Rogers' Insurance Law & Litigation team brings you highlights in Insurance law from 2012 and our thoughts on emerging trends for 2013. Read full article...
Court takes firm line on TPD
Insurance eBulletin - 22 March 2013
The New South Wales Court of Appeal has handed down an important decision for life insurers and trustees of superannuation funds. It found that an injured claimant was not entitled to TPD benefits just because he was unable to perform the same type of work or perform such work on the same basis as he had prior to his injury. The decision helps to clarify the interpretation of TPD clauses under life insurance policies and reaffirms earlier authority that an injured claimant who can work part-time is not necessarily entitled to TPD benefits. Read full article...
Meaning of "debris" under an ISR policy
Property Insurance eBulletin - 6 March 2013
The meaning of "debris" under an Industrial Special Risks policy was recently considered by the Queensland Supreme Court in the context of a chemical contamination claim . The Court found that the costs would not have been indemnified and held that the term "debris" relates to "accumulated physical items". This did not include the costs of remediating pollution, which was also specifically excluded in the relevant policy. Read full article...
Pulse - Issue 2
Pulse - Issue 2, February 2013
In this issue of Pulse, we discuss the recent Court of Appeal decision relating to the adequacy and process of reasons given by a Medical Panel; recent amendments to the Civil Procedure Act 2010; proposals by the Medical Board of Australia to require medical practitioners to undergo revalidation on a regular basis; the need to ensure that evidence given at trial and statements in other proceedings are consistent; a Coroner’s recent finding concerning an aged care facility’s review and security processes; a discussion of recent case law involving limitation of actions proceedings; and a NSW Supreme Court judgement against a general practitioner for failing to adequately address a patient's obesity. Read full article...
Bridgecorp appeal allowed
Insurance eBulletin - 20 December 2012
The New Zealand Court of Appeal today allowed the appeal in Steigrad v BFSL 2007 & Ors, overruling a decision of the New Zealand High Court that a statutory charge created on insurance monies under the New Zealand equivalent of s6 Law Reform (Miscellaneous Provisions) Act 1946 (NSW) takes priority over all payments under the policy. Read full article...
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