Showing 11 out of 11 results
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 …
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 …
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 …
Insurer’s poor punctuation helps claimant to secure coverage
Comma sense prevails, as a recent decision of the NSW Court of Appeal1 reminds us of the importance of grammatical accuracy and a Court’s tendency to …
Showing 11 out of 11 results