Showing 12 out of 19 results
Pressure points: Insurance cover for COVID-19 related financial losses? (Australia)
There has been significant debate about insurance coverage for financial losses associated with COVID-19. Uncertainty exists because of the absence of …
Covid-19: Governance: Insurance losses and considerations for policyholders (Australia)
The various restrictions being put in place to contain the spread of COVID-19 are causing significant disruption to supply chain logistics for businesses …
Unfolding privacy class actions in Australia
Claimants in Australia face a number of challenges to successfully bringing a privacy class action, including the absence of a clear cause of action and …
Depreciation is not to be deducted as a “saving” in calculating business interruption claims
Whether a reduction in non-cash costs such as depreciation following insured damage amounts to a “saving” to the policyholder which is to be deducted …
Can your insurer rely on an insolvency exclusion?
Insolvency exclusion in D&O policy did not apply to claim by DOCA Administrators for breach of directors’ general duties.Key takeaways In a recent …
Statutory limitation period for a court action to be filed against insurers runs from the date of the loss, not the date of declinature
Key takeaways The New South Wales Court of Appeal has held that a policyholder’s cause of action against an insurer arises when the insured event …
Court of Appeal upholds policyholder’s right to recover costs of ‘voluntary’ remediation works
The NSW Court of Appeal has recently confirmed that a policyholder is entitled to recover under its liability policy the costs of ‘voluntarily’ …
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 …
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 …
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