What is the definition of ‘uninjured’...
A recent decision by the Supreme Court considers what 'uninjured'...
News & Blog
Stay up-to-date with interesting perspectives from the team at McCabe Curwood.
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...
Segmenting the decision-making process and not...
Two people in a motor vehicle. Both say the other was the driver. The...
Blast from the past – the 1988 Motor Accidents...
A 16-year delay in lodging a CTP claim using the same test as...
Allegations of false and misleading statements do...
Is an allegation of false and misleading statements enough to warrant...
To segregate or not to segregate, that is the...
On 23 May 2012, the plaintiff, an inmate at Parklea Correctional...
Assessing multiple physical injuries – how does...
In assessing 13 physical injuries, a MAS Assessor found that several...
Damage? Your time starts now!
The New South Wales Court of Appeal has confirmed time starts for the...
Ibrahimi v Commonwealth of Australia [2018] NSWCA...
On 19 December 2018 the Court of Appeal, comprised of Meagher JA,...
The edge that separates what is...
If a defect is deemed obvious, does it also mean that it was 'not...