Insights Categories: Insurance

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Metropolitan Health Service v Sturm [2022] WASC 316 Key takeaways A contractual dispute resolution clause may be unenforceable for uncertainty if the clause does not set out all necessary terms for the conduct of a preferred dispute resolution process. Only the defined parties to a contract can be bound by a dispute resolution clause. Background […]

Key takeaways The Education and Care Regulatory Unit of the Department of Communities (Department) is displaying a stricter approach in implementing compliance actions. Specifically, the Department is seeking penalties under both sections 165(1) and 167(1) of the Education and Care Services National Law (WA) Act 2012 (National Law) in compliance actions involving inadequate supervision and […]