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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 …
25 Years of Class Actions in Australia
Herbert Smith Freehills has launched 25 Years of Class Actions in Australia, a definitive review of the development of the law and practice of class …
Helping FMCG Businesses plan for a Post-Brexit future
Businesses with interwoven supply chains across the EU and beyond have already felt the effects of a weaker pound, with increasing costs of sourcing raw …
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 …
Key Developments in Iran, November 2016
This update aims to provide a brief overview of key developments which have occurred in Iran during the past month and to highlight areas of future …
“Common funds” in Australia – the Court has its say on litigation funding
In a landmark decision this week, the Full Federal Court of Australia has recognised litigation funders as an integral part of the class action …
Feathers, hats and copycats
Australian fashion designers have their feathers ruffled over claims of copyright infringement.Following on from Fashion Week in New York, London and …
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 …
Ugg-ly trade mark battle ahead for Australian ugg boot manufacturer
As the temperature cools and Australians reach for their ugg boots, one local Australian footwear business is feeling the heat from the American-owned …
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