Showing 12 out of 59 results
The devil is in the detail: Federal Court of Australia rejects insurance claim for ransomware attack
Like all forms of insurance, the cover actually provided by policies which might be thought to cover losses arising from ‘cyber risk’ depends on the …
When notification and disclosure collide
A claim under a Directors and Officers liability policy for investigation, defence and settlement costs has ended with the New South Wales Supreme …
Australian court rejects insurance declinature, highlighting complexity of non-disclosure issues
A recent decision of the New South Wales Supreme Court1 demonstrates the scepticism with which courts will view insurers who say they would have acted …
AUSTRALIAN REGULATOR WINS CASE AGAINST FINANCIAL SERVICES LICENSEE FOR INADEQUATE MANAGEMENT OF CYBER RISKS
For the first time in Australia, the Federal Court has found that a failure to adequately manage cybersecurity risks constitutes a breach of general …
Covid-19 Business Interruption Insurance – Insurers Win Appeals in Second ICA Test Case and Star Casino Claim
The Full Court of the Federal Court of Australia (3 judges) has generally confirmed the first instance decisions in the Second ICA Test Case1 and the …
Australia policyholder insurance highlights 2021
Read our assessment of the key lessons for insurance policyholders based on last year’s top cases and market developments. This unique publication …
FSR Outlook 2022: Anticipating change, being prepared
Our Financial Services Regulatory (FSR) team surveys the regulatory landscape for 2022 and identifies themes that we expect to be at the core of …
Insurer confirmed to have waived its rights goodbye
By a 2-1 majority, the Full Court of the Federal Court has upheld last year’s decision to treat an insurer’s confirmation of coverage as being bindingBy …
COVID-19 Insurance Update: Insurers’ win round one in Star Casino claim based on loss resulting from action by authorities
The Chief Justice of the Federal Court has dismissed an insurance claim by Star Casino for its COVID-19 related business interruption losses.The claim …
How much detail of potential claims is needed prior to renewal?
When it comes to renewing “claims made and notified” policies (such as D&O insurance and Professional Indemnity), policyholders must be careful to …
Covid-19 Insurance update: Another win for Australian policyholders
Insurers have long maintained that pandemics are not covered under business interruption policies. Can the industry hold the line?Policyholders have had …
Policyholder successfully challenges insurer’s refusal to cover ‘securities claim’
In good news for policyholders defending class actions, the Federal Court of Australia has rejected an insurer’s arguments that a class action settlement …
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