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 […]
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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, a policy must provide a clear and understandable duty of disclosure notice, in writing. Online policy application and acceptance provides unique challenges. Insurer needs to provide evidence that the insured failed to disclose relevant information. […]
Court’s disdain for disability claim
Justice Pembroke’s decision in Doltic v Hannover Life Re of Australasia Limited in the Supreme Court of New South Wales on 27 July 2017 is interesting not because it creates any new law but because of His Honour’s erudite assessment of the plaintiff’s case. Following a motor accident in 2009, which Justice Pembroke described as […]