Showing 48 out of 93 results
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 …
Product Intervention Powers and Design and Distribution Obligations in Financial Services: A cross-border perspective
Many regulators view their ability to intervene as one of their key supervisory tools to reduce harm in cases where there is a risk of significant …
Accessing a deregistered policyholder’s cover, and the need to consider exclusions carefully in context
A recent case1 in the financial services sector illustrates that: A counterparty being deregistered is not the endpoint for insurance claims. …
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 …
Superannuation and group life insurance
The Royal Commission was widely expected to bring the superannuation industry to its knees, and certainly there are findings that make sobering …
Insurance
The Royal Commission’s final report has endorsed much of the existing legislative and reform proposals for the insurance industry.There are, however, …
Community expectations are here to stay
To deny the role that community expectations will play post-Royal Commission is, with respect, a flat-Earther perspective.One of the most significant …
Policyholder Insurance Highlights 2018
Read our assessment of the key lessons for insurance policyholders from last year’s top cases. This unique publication focuses on business …
Fairness (and reasonableness) according to Fairymead
An insurer must act fairly and reasonably in its process of consideration and its decision.The NSW Court of Appeal has upheld a decision by the NSW …
The Brexit Podcast
Our regular series of podcasts to keep you up-to-date with the critical issues facing business post-Brexit.On our Herbert Smith Freehills Podcast …
Herbert Smith Freehills leads on deal count in M&A league table results
Herbert Smith Freehills has continued its run as the preeminent legal advisor for M&A transactions in Australia, topping both the Thomson Reuters and …
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