Insurance eBulletin - 28 January 2016

In its first decision of 2016, the Federal Court has found that section 54 of the Insurance Contracts Act operated to nullify the operation of an exclusion clause. The decision highlights the need for underwriters to pay close attention to the scope of the risk intended for cover, as well as the relevant acts or omissions to which s 54 may apply.  Read more...

Insurance eBulletin - 12 January 2016

2016 will see the Federal Court introduce a specialist insurance list and a Class Actions Practice Note aimed at streamlining the resolution of disputes in these areas. This eBulletin summarises the changes, including a preview of what the yet-to-be-released Practice Note is expected to include.  Read more...

Insurance Law & Litigation update - 17 September 2015

The Wrongs Amendment Bill 2015 was introduced in Parliament on 15 September 2015  Read more...

Health Law & Litigation update - 9 September 2015

The latest edition of Pulse - a quarterly publication by Lander & Rogers’ Health Law & Litigation team with information on topical issues and developments in Australian medical and health liability.  Read more...

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...

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