Hakea Holdings Pty Ltd v McGrath (No 2) [2022] FCA 995 This case considers the liability of directors who pursue their own personal interest at the expense of the company and the impact of such conduct on coverage under D&O insurance policies. It also considers what constitutes a ‘Claim’ and a ‘circumstance’ under a common […]
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Unfair Contract Terms: Not if but how
Debate as to whether Australia’s unfair contract terms laws (UCT laws) should be extended to insurance contracts has raged periodically since the UCT laws were introduced. In December 2017 the Government announced that it would extend the UCT laws to insurance. In June 2018 Treasury released a Proposals Paper outlining its proposed model. On 24 […]
Duty of disclosure: yesterday’s hero?
The duty of disclosure needs to be reconciled with the new ways insurers are collecting and processing policyholder information The duty of disclosure has long been a cornerstone of insurance. Although, law reforms over the past 30 years have made the duty fairer for policyholders, it remains at the heart of the insurance transaction – […]
Outstanding Insurance Lawyer Andrew Sharpe to join Meridian Lawyers’ Sydney Team.
Meridian Lawyers has made another strategic play, luring highly regarded insurance law specialist Andrew Sharpe from McCabes to the firm’s Sydney office. Andrew is no stranger to Australian and international insurers, with 25 years’ experience acting as a strategic advisor and practitioner in the fields of insurance law, litigation and dispute resolution. He has a particular […]