Showing 24 out of 25 results
Insurer on notice of potential indemnity waives compliance with duty of disclosure
A recent decision of the New South Wales Court of Appeal1 reminds us that (1) contractually assumed exclusions of liability must be carefully considered …
Wording conflict resolved in favour of policyholder
The New South Wales Court of Appeal has resolved a conflict in the provisions of a policy in favour of the policyholder in a decision which emphasises …
Wrongful acts do not have to be unintentional for cover to apply
The Full Federal Court has confirmed that loss resulting from a policyholder’s deliberate decision to leave a construction site was a “wrongful act” …
Be specific when it comes to project insurance
A recent decision of the New South Wales Supreme Court reminds us of importance of carefully documenting the intended relationships and hierarchy between …
Australian Government to heighten controls over critical electricity, port and water infrastructure assets
The Security of Critical Infrastructure Bill 2017 (Cth) and its associated draft Security of Critical Infrastructure Rules 2017 (Cth) propose the …
Infrastructure Trends - #5: Awareness of the opportunities presented by unsolicited proposals
In this series of short articles we look at the current trends affecting infrastructure investment in Australia. This article considers trend # 5 – …
Policyholder recovers agreed value of loss despite potential for ‘over-compensation’
The NSW Supreme Court has allowed a policyholder to recover an agreed value of loss, notwithstanding that it may have been ‘over-compensated’ for the …
Plain sailing for Glencore as court upholds Port of Newcastle declaration
The Full Federal Court has confirmed the decision of the Australian Competition Tribunal to declare services provided by the Port of Newcastle under the …
Policyholder recovers costs of ‘voluntary’ remediation works
The NSW Supreme Court has granted coverage to a policyholder for the costs of ‘voluntarily’ remediating accidental damage (contamination) to adjacent …
Inside Construction and Infrastructure
Inside Construction and Infra is Herbert Smith Freehills' magazine for those involved in designing, procuring, building, owning or operating fixed …
Policyholders may still secure cover despite non-disclosure
If a policyholder fails to disclose information they could reasonably be expected to know to be relevant to the risk for which they are seeking …
Take care when it comes to policy conditions
Australian Courts have previously made clear that there is a heavy burden of proof and a number of obstacles for an insurer to decline a claim on the …
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