Insurers can’t ‘escape’ cover...
The proper application of ‘other insurance’ clauses is an issue...
News & Blog
Stay up-to-date with interesting perspectives from the team at McCabe Curwood.
Suitability vs capability – is there a difference?
In the recent case of NRMA v Gurbuz Aslan [2019] NSWSC 1587, the Court dealt with the considerations that a Claims Assessor must engage with when determining discretionary exemption applications pursuant to Section 92(1)(b) of the Motor Accidents Compensation Act 1999 (NSW). The judicial review findings from this case speak volumes regarding discretionary exemptions where the Insurer alleges false or misleading statements pursuant to 14.16.11 of...
Court of Appeal gets to the pointy end of Part VBA...
In the recent case of State of Victoria v Allan Thompson [2019] VSCA...
Fast and Furious: Mobility scooters in shopping...
Ms Whitton was struck from behind by an elderly woman driving a...
The ‘Guarded’ approach: ensuring safer...
Mr Kabic, a formwork labourer, injured himself when he slipped on the...
No grounds for late claim – Coffey v...
The plaintiff, who was born extremely prematurely, brought medical...
‘No-fault’ means no-one’s fault
Are all not‑at‑fault drivers who have sustained non‑minor...
Does a duty of care exist to the Plaintiff if both...
It is well established that no duty of care is owed between the...
Deferring Add-on Insurance – Treasury releases...
The Financial Services Royal Commission recommended in February that...
Who was the driver? The High Court discusses the...
This dispute was limited to a single issue – who was driving the...