Showing 19 out of 19 results
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 …
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 huffs and puffs… but policyholder’s claim stands
A policyholder whose negligence led to the catastrophic destruction of a residential home in Brisbane has secured liability insurance coverage in a …
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 …
Proposed NSW legislation to abolish statutory charge and clarify policyholder’s right to defence costs
Current legislation in NSW, which is mirrored in the ACT and NT, allows a third party claimant to obtain a statutory charge over the proceeds of a …
Premature claim and double insurance thwart policyholder
Cautionary tale for policyholders on double insuranceThe New South Wales Court of Appeal has recently affirmed a decision handed down last year1 in which …
Showing 19 out of 19 results