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).  Read more...

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...

Insurance update - 8 October 2014

The High Court today allowed a 'Design and Construct' contractor's appeal, finding that it did not owe a duty to an owners corporation of strata-titled serviced apartments in respect of latent defects in the common property.  Read more...

Insurance update - 10 September 2014

The High Court today dismissed the insurer's appeal in Maxwell v Highway Hauliers Pty Ltd. The case concerned the application of s54 of the Insurance Contracts Act 1984 (Cth) to an occurrence based policy covering damage to the insured's vehicles.  Read more...

Insurance newsflash - 2 September 2014

The Victorian Government today released the final recommendations of the Wrongs Act Inquiry and its response to those recommendations. The response largely favours plaintiffs. There are, however, no real surprises from the draft recommendations released in November 2013.  Read more...

Pulse Issue 7 - 12 August 2014

In this issue of Pulse, we discuss the vexed issue of consent when it comes to a conflict between the interests of children and their parents, the implications of experimental medical treatments, overcoming potential barriers to court approved settlements, the potential impact the proposed Medicare co-payment scheme may have on hospitals and GPs, recent court decisions and much more.  Read more...

Insurance eBulletin - 8 August 2014

In this eBulletin we look at a recent decision confirming the time limit for bringing a building action in tort or contract, and the implications for builders, building professionals and their insurers.  Read more...

Insurance eBulletin - 26 June 2014

Plaintiff investors in US securities class actions will continue to be able to invoke a presumption of reliance based on the "fraud on the market" theory after the US Supreme Court failed to be moved by criticisms of the theory in the judgment delivered in Halliburton Co v Erica P. John Fund this week. In this eBulletin we review the Supreme Court's decision and consider its implications for Australian securities litigation.  Read more...

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