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Published by Katherine Teague

What does it take for an Insurer to be found to have abandoned a defence of contributory negligence and thereby become bound by an assessment of damages?

An Insurer makes settlement offers without reduction for contributory negligence and makes no specific submission on that defence at an Assessment Conference. Perhaps unsurprisingly, there is a finding by the Claims Assessor that the defence was not made out. Is the Insurer bound by the CARS assessment? The Supreme Court provides the answer in Cahill v Allianz Australia Insurance Limited. Judgment date: 27 March 2019Citation: Cahill v...
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