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...
Volume 1 - November 2012
In this edition of Pulse, we look at the recent decisions of Cugmeister v Maymac Foods Pty Ltd and Tuohey v Freemasons Hospital; we discuss recent Medical Panel developments, as well as recent developments in health law impacting the scope of a doctor's liability and a doctor's duty to follow up a patient. We also consider a recent decision where the Supreme Court refused a plaintiff’s application to extend time in a claim against a hospital. Read full article...
FOS remedies scrutinised
Insurance eBulletin - 25 October 2012
In this eBulletin, we look at a recent Supreme Court of Western Australia decision which confirmed that the Financial Ombudsman Service has very wide ranging powers when it comes to determining appropriate remedies in disputes between Australian Financial Services licensees and their clients. Read full article...
High Court to hear first proportionate liability appeal
Insurance eBulletin - 14 September 2012
The High Court will grapple with the intricacies of proportionate liability as early as November this year having recently granted Special Leave to appeal the decision of Mitchell Morgan Nominees Pty Ltd & Anor v VellaRead full article...
Financial Ombudsman Service Update - review of FOS decisions
Insurance eBulletin - 31 August 2012
The Victorian Court of Appeal has confirmed that decisions of the Financial Ombudsman Service are not subject to judicial review. In Mickovski v Financial Ombudsman Service Limited & Anor the Court of Appeal did not consider it necessary to make a decision about the applicatoin of the Datafin principle. The Court of Appeal's decision in relation to the contract point will further restrict the grounds upon which challenges may be made to FOS determinations.  It remains to be seen whether this case will provide a vehicle for the High Court to consider Datafin. Read full article...
No duty of care owed by builder and developer to Owners Corporation
Insurance eBulletin - 17 July 2012
The New South Wales Supreme Court recently held that a builder and developer of a resort-style residential complex did not owe a common law duty of care to the complex's Owners Corporation to prevent alleged defects in the common property. Instead, it found that the Owners Corporation had the benefit of statutory warranties implied by the Home Building Act 1989 (NSW) against each defendant. Read full article...
Statutory defence for professionals
Insurance eBulletin - 29 June 2012
The Victorian Supreme Court has clarified the operation of s.59 Wrongs Act 1958 (Vic) which provides that professionals won't be found negligent if they acted in accordance with peer professional opinion. Doubt existed as to whether this impacted upon the standard of care owed by a professional in a claim for damages or whether it operated as a defence. The Supreme Court determined that s.59 is a defence. Read full article...
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