The need for evidence; proving the future
Can a Claims Assessor treat disputed projections of hypothetical...
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Claims Assessors must provide reasons for accepting or declining exemption applications
Is a Claims Assessor obliged to give reasons for accepting or declining an application for discretionary exemption? The Supreme Court provides the answer in Insurance Australia Ltd t/as NRMA Insurance v Wannous. Author: Michael LiJudgment date: 9 June 2020Citation: Insurance Australia Ltd t/as NRMA Insurance v Wannous [2020] NSWSC 694Jurisdiction: Supreme Court of New South Wales1PrinciplesA Claims Assessor is required to give reasons...
Exceptional circumstances may produce exceptional...
Is a claimant who seeks statutory benefits under the Motor Accident...
No tax payable in Third Entitlement Period
Part 3 of the Motor Accident Injuries Act 2017 (MAIA) includes a...
To what extent is MAS obliged to compel the...
A recent decision by the Supreme Court considers whether a Review...
Suitability vs capability – is there a...
In the recent case of NRMA v Gurbuz Aslan [2019] NSWSC 1587, the Court...
‘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...
Who was the driver? The High Court discusses the...
This dispute was limited to a single issue – who was driving the...
The role of the ‘lethal weapon’ in...
When assessing contributory negligence in motor accident cases, the...