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Publication - 25 Sep 19

Lander & Rogers previously published two articles regarding the successful defence of a claim against insurers for alleged wrongful declinature based on Perils Exclusion 6(c)(i) and/or 6(c)(ii) of an ISR Mark IV Policy (Perils Exclusion).  The proceeding concerning the destruction of organic material has now concluded with the High Court dismissing... Read More

Publication - 30 Nov 16

A recent UK Court of Appeal decision provides useful guidance on commercial litigation funders' potential exposure to adverse costs orders. The Court of Appeal upheld a costs order made against non-party litigation funders which required them to pay defendants' costs on an indemnity basis when the plaintiff's funded action failed catastrophically. Read More

Publication - 28 Jan 16

In its first decision of 2016, the Federal Court has found that section 54 of the Insurance Contracts Act 1984 (Cth) (ICA) applied to nullify the operation of an exclusion clause.1 The Court's approach in this matter is consistent with previous case law,2 in that it held that the application of s... Read More

Publication - 24 Aug 15

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 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... Read More