Insights Categories: Insurance

Case Note | “Obvious risk” a key consideration in personal injury cases

Blue Op Partner Pty Ltd v De Roma [2023] NSWCA 161 (12 July 2023) In Blue Op Partner Pty Ltd v De Roma [2023] NSWCA 161, it was held that tripping on a raised edge formed by a pit lid and frame set in a footpath was an “obvious risk” under the Civil Liability Act […]

Cyber Security Awareness Month – Are you cyber aware?

October is Cyber Security Awareness Month (CSAM). CSAM is an annual reminder for Australians to stay safe online and protect your online information and assets. The theme for CSAM 2023 is ‘be cyber aware – don’t compromise’. CSAM is an opportunity for businesses to review their understanding of ‘cyber security’ as a concept while continuing […]

Case note | NSW Supreme Court reaffirms expert witnesses are immune from suit

Hastwell v Parmegiani [2023] NSWSC 1016 In Hastwell v Parmegiani [2023] NSWSC 1016, the NSW Supreme Court reaffirmed the immunity of expert witnesses. In the following case note, we examine this decision more closely and provide further clarification on the witness immunity rule in Australian law.  Key Findings Even when it is alleged that an […]

Case Note | Surgery does not, of its own, transform a threshold injury into a non-threshold injury under MAIA

Mandoukos v Allianz Australia Insurance Limited [2023] NSWSC 1023 In Mandoukos v Allianz Australia Insurance Limited the Supreme Court clarifies whether a surgical procedure impacts the nature of an injury; specifically whether it can transform a minor (threshold) injury into a non-minor (non-threshold) injury within the meaning of the Motor Accident Injuries Act 2017. Principles […]

Case Note | Res ipsa loquitor is an inferential reasoning process available to both insurers and claimants

The Supreme Court of NSW provides clarity in IAG Limited t/a NRMA Insurance v Richards regarding the use of inferences, including the doctrine of res ipsa loquitor when determining the issue of fault in motor accident claims. Principles The insurer bears the burden of proof in establishing that a claimant wholly or mostly caused an […]

“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 injury to a third party. In many claims, determining whether there has been property damage will require nothing more than a cursory review of the allegations. In others, the enquiry can be far more complicated, as […]

21st birthday parties aren’t dead, long live the party!

Ryan & Anor v Dearden & Anor [2023] QCA 20 Originating Court & Decision: Supreme Court at Rockhampton Dearden v Ryan & Anor [2022] QSC 111 Key takeaways It remains the case that the duty of care owed by a party host does not extend to protecting partygoers from the criminal acts of third parties […]

A change of heart on indemnity | a landmark High Court decision for insurers

Allianz Australia Insurance Limited v Delor Vue Apartments CTS 39788 [2022] HCA 38 Key takeaways The High Court has provided important guidance regarding the circumstances in which an insurer can depart from earlier representations made regarding the availability of cover. The duty of utmost good faith does not always prevent an insurer from retracting an […]

Collaborative arrangements between medical practitioners and eligible nurse practitioners and eligible midwives

The Health Insurance Act 1973 and the Health Insurance Regulations 2018 (Regulations) permit eligible midwives and eligible nurse practitioners to provide some services that are funded through the Medicare Benefits Schedule and prescribe certain medications subsidised under the Pharmaceutical Benefits Scheme provided they meet the relevant skills and qualifications criteria. In order to provide these […]

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 brought by the rec mipient of the professional service or advice. A court may construe the professional liability exclusion more stringently where the insured can seek refuge under another policy. There are no special rules […]

Pursuing personal advantage: an age old story

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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