Insurance eBulletin - 27 August 2015

The NSW Court of Appeal has handed down its decision in Waller v James, a 'wrongful birth' claim. The decision provides important guidance to clinicians and their insurers concerning how far a clinician's duty to a patient can extend. Its examination of causation principles will assist in the analysis of causation in both 'wrongful birth'and medical negligence claims more broadly.  Read more...

Insurance update - 24 August 2015

When does an insurer have the authority and entitlement to discontinue an insured's participation in recovery litigation for insured and uninsured losses arising from the same wrong or event? Justice Garling of the Supreme Court of NSW recently considered this novel question in the context of two class actions arising from the Springwood/Winmalee bushfire in the Blue Mountains in October 2013. In this eBulletin we review the decision and look at how it will affect insurers.
 Read more...

Property Insurance Update - 29 May 2015

The recent Supreme Court of Queensland decision in Matton Developments Pty Ltd v CGU Insurance Limited (No 2) considered whether taking a known and appreciable risk amounted to 'accidental damage' under a Contractors Plant and Machinery policy of insurance.  Read more...

Insurance Update - 10 April 2015

In this issue of Pulse, we report on recent court decisions in health law, including: ACCC action against health service providers, ITOs and the parens patriae; dentists in the courts; disciplinary proceedings; Corner's Court update; and a delayed diagnosis appeal that was upheld.  Read more...

Insurance update - 6 March 2015

Presenting the 2015 edition of Year in Preview, in which we bring you highlights in Insurance law from 2014 and our thoughts on emerging trends for 2015.  Read more...

Insurance eBulletin - 27 February 2015

The Insurance Act 2015 (UK) is set to come into effect in August 2016 and will modernise significant areas of UK insurance law. In this eBulletin, we take a look at the main changes to UK insurance law, how they compare with the position in Australia and what implications they may have for local insurers.  Read more...

Insurance Update - 25 November 2014

In this issue of Pulse we discuss some of the legal and ethical issues arising out of the Ebola outbreak, recent reforms concerning access to information relating to the parentage of donor-conceived children, recent court decisions of note, and tips for analysing the quality of medico-legal occupational therapy reports.  Read more...

Insurance eBulletin - 20 November 2014

The High Court has allowed an appeal by a provider of health services in relation to a nervous shock claim. The claim was initiated by the relatives of a man who was killed by a mentally ill friend following his discharge from one of its hospitals. The Court found that the hospital did not owe a duty of care to the relatives, primarily because such a duty would conflict with its obligations under the Mental Health Act 1990 (NSW).
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Insurance eBulletin - 11 November 2014

A property insurer exercising its rights of subrogation has had some rare success in establishing a right to damages against a regional water authority under s 157 of the Water Act 1989 (Vic). We summarise the decision of the Victorian Civil & Administrative Tribunal and consider its implications for insurers.  Read more...

Insurance eBulletin - 14 October 2014

The owners of land contaminated by run-off water from efforts to extinguish a chemical fire have been unsuccessful in their claim against the Queensland Fire and Rescue Service and an insurance broker for the costs associated with complying with a remediation notice issued by the Environmental Protection Agency. We look at the latest decision in this long-running piece of litigation and, in particular, its analysis of the application of an ISR policy in such circumstances, particularly the meaning of 'debris' in such policies.  Read more...

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