Insights Categories: Insurance

Attempted murder during offsite training: is the occupier liable for psychiatric injury?

Case note: Optus Administration Pty Limited v Glenn Wright by his tutor James Wright [2017] NSWCA 21: In overturning a decision of the Supreme Court of NSW, the Court of Appeal considered the application of section 32 of the Civil Liability Act 2002. By a 2:1 majority, the Court of Appeal found that an occupier […]

Meridian Lawyers successful in long-running professional negligence case

Meridian Lawyers has successfully defended a long-running professional negligence case against a solicitor. Case note: Borgese [2017] NSWSC 92: The plaintiff, Domenico Borgese, was born into a family of orchardists near Leeton. He lived with his five sisters and his parents, Carmella and Giuseppe on the family farm. The plaintiff left school at an early age to […]

AWB: the next instalment…

Directors are under a continuing obligation to keep informed about the activities of a corporation (ASIC v Flugge). On 15 December 2016, the Supreme Court of Victoria issued its judgment in the latest round of AWB proceedings in which ASIC commenced an action against the former Chairman of AWB Limited (AWB). The case involved the […]

The duty of care owed by a principal contractor – is it delegable?

In its recent decision in Gulic v Boral Transport Ltd[1] the NSW Court of Appeal has found that the duty of are owed by a principal contractor is delegable even though the principal may have some power to direct the work being pursued. Factual background At the time of the incident, Mr Marinko Gulic (the […]

How will technology change the types of claims we see in the future?

Q&A with Principal Robert Crittenden: What technology risks are emerging and what are the implications for insurers? A: Emerging technology risks include cyber attacks and data breaches; software malfunctions in commercial settings; mobile internet and cloud data solution vulnerabilities; information/data that has been lost, stolen, disclosed, destroyed or corrupted; and cyber outsourcing (i.e. outsourcing data […]

Game of drones: new rules, new challenges

Why talk about drones? AIDA presentation by Special Counsel Peter Axelrod Drones preview the problems that will face insurers and operators of motor vehicles and other transportation modes, and they are fun. Technology is now to the point where drones are within reach of just about everyone, and soon will be able to operate autonomously. Drones pose […]

Certain contractual indemnities void in Queensland injury claims – some traps for brokers

Changes to Queensland workers’ compensation legislation mean that contractual indemnities previously used (largely by principals with their contractors) to transfer exposure to injury claims onto WorkCover Queensland, as the insurer of the employer of the injured person, are now void. Large corporates will now look for other ways to transfer that liability, which may create […]

Is this the end to using contractual indemnities to apportion liability for workers’ injuries?

The Workers’ Compensation and Rehabilitation (National Injury) Insurance Scheme (Amendment Bill 2016) has been introduced into the Queensland Parliament. Along with numerous amendments aimed at reconciling the National Disability Insurance Scheme with the Queensland Workers’ Compensation framework, the Bill also contains a number of amendments, which if enacted, have the potential to seriously impede the […]

Insurance insights: The pitfalls of lending a helping hand

Lending a helping hand is an ideal ingrained into the Australian psyche. Doing that little bit extra is something we often do without thinking twice about it. However, in light of the recent decision of the New South Wales Court of Appeal in South Sydney Junior Rugby League Club Ltd v Gazis1 workers may now […]

Drones – friend or foe for underwriters?

There is good news and bad news about drones, as they become increasingly popular, says Peter Axelrod, Special Counsel at Meridian Lawyers, in Brisbane. He told an AILA Qld function late last year that drones would become smarter and more capable. “Just like iPhones, they will have more features, more autonomy and more performance.” He […]

‘But how can I notify my insurer? All the details are private’

Every health practitioner knows the importance of maintaining the confidentiality of a patient’s personal information. However, every year a health practitioner is asked by its professional indemnity insurer to provide details of any circumstances that may give rise to a claim against them. Undoubtedly the health practitioner is also told by its Association, or its […]

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