October is Cyber Security Awareness Month (CSAM). CSAM is an annual reminder for Australians to stay safe online and protect…
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“Property Damage” – Sounds Simple, Right?
At its simplest, a liability policy provides cover to an insured, whose acts and/or omissions cause property damage and/or personal…
Insurer permitted to invoke professional liability exclusion clause for Queensland flooding class action
SunWater Limited v Liberty Mutual Insurance Company [2022] NSWCA 273 Key takeaways Professional liability exclusions are not confined to claims…
Mind your Ps and safety first!
Key takeaways For employers or principals, the benefit of following the 4Ps of safe working can never be under estimated:…
In accommodation settings, does ‘slippery when wet’ mean liable?
Nikolich v Webb [2020] WASCA 169 (21 October 2020) Key takeaways Due to the operation of s 50 of the…
AFCA Decisions: Online insurance purchases, non-disclosures at inception of policy
Key takeaways Insurer bears the onus of proof in establishing it can deny a claim due to non-disclosure. At inception,…
Landlord and agent – the buck stops where?
Yeung v Santosa Realty Co Pty Ltd [2020] VSCA 7 Background On 19 May 2014, the plaintiff, a tenant of…
Insurance, drones and you.
Article 1 of 3 – An Introduction In a series of upcoming articles, we will be providing: An overview of…
Caffrey v AAI Limited [2019] QSC 7
Key takeaways A deceased driver was found to have owed a duty to take reasonable care not to cause psychiatric…
Your Onus or Mine?
Refresher on damages for economic loss and domestic assistance where there are pre-existing conditions. Gulic v Angelovski[1] Facts Mr Gulic…
70 years in the making: the Civil Liability (Third Party Claims Against Insurers) Act 2017
Since 1946 Section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (‘Section 6’) has been the main vehicle through…