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.
Assessing loss of use – The real cost of hiring a replacement vehicle
Motor accident disputes remain prevalent. Amidst the 'carnage' there comes a moment of clarity in assessing and calculating loss of use claims. Three cases recently determined by the NSW Supreme Court of Nguyen v Cassim [2019] NSWSC 1130, Rixon v Arsalan [2019] NSWSC 1136 and Souaid v Nahas [2019] NSWSC 1132 deliver much overdue and needed guidance in the assessment of damages where a motor vehicle, damaged in a collision for which the owner...
Not named but still covered – subcontractor...
The usual limitation on cover for those subcontractors who expressly...
Causation without a cause
There does not need to be a direct causal link between the cause and...
Insured or Assignee – Court of Appeal highlights...
Meeting the definition of 'Insured' under a policy of insurance or...
Damage? Your time starts now!
The New South Wales Court of Appeal has confirmed time starts for the...
Not an exclusion: New South Wales Court of Appeal...
Author: Chanel Bou-Francis and Matthew McDonaldJudgement Date: 28th...
Can a claim be renewed when no steps have been...
Author: Kiley HodgesJudgement Date: 25th January, 2018Citation: King &...
The Federal Court of Australia concludes on...
Author: Yasmin BellJudgement Date: 17th November, 2017Citation:...
Insurer’s arguments all at sea – Watkins...
Author: Kiley HodgesJudgement Date: 8th November, 2016Citation:...