ASIC obtains declaration that an insurer breached...
The Federal Court of Australia has recently held that an insurer...
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Delays in claims handling found to be a breach of the duty of utmost good faith
The Federal Court of Australia considered what conduct can constitute a breach of the duty of utmost good faith in the recent decision of Australian Securities and Investments Commissions v Youi Pty Ltd [2020] FCA 1701. Authors: Priya Paquet, Mark Frewen-LordJudgment date: 26 November 2020Citation: Australian Securities and Investments Commissions v Youi Pty Ltd [2020] FCA 1701Jurisdiction: Federal Court of AustraliaThe decision concerned...
What’s the Situation? The Property is...
A recent decision of the Federal Court found that the term "Property...
The Credit Hire debate rises to the rarefied...
On 18 June 2020, the NSW Court of Appeal considered four claims where...
Tropical Cyclone Debbie raises the roof – or...
Courts will always look to the equitable nature of dealings when...
COVID-19: Navigating business insurance issues
COVID-19 has interrupted life in Australia as we know it. In the...
Copious culpabilities: liabilities of dual...
When does vicarious liability not lie with a worker's employer? How is...
Insurer’s faultless claims conduct ends in...
McCabe Curwood acted on behalf of Allianz in successfully defending...
Insurers can’t ‘escape’ cover...
The proper application of ‘other insurance’ clauses is an issue...
Assessing loss of use – The real cost of hiring...
Motor accident disputes remain prevalent. Amidst the 'carnage' there...