A claims made and notified policy is not a chameleon: a case note on Avant Insurance Ltd v Burnie — (2022) 37(7) ILB 2
In Avant Insurance Ltd v Burnie, the court made it clear that the combined effect of ss 40 and 54 of the Insurance Contracts Act 1984 (Cth) (the Act) does not operate to convert a claims made and notified policy into a discovery policy. The article can be downloaded here
- Published in Insurance - Contractors All Risks
Case Note – Xu v IAG New Zealand Ltd – Should the Principle Precluding Assignment of the Reinstatement Benefit be Overturned? — (2020) 35(8) ILB 82
In Xu v IAG New Zealand Ltd (Xu), the New Zealand Supreme Court considered whether the principle in Bryant v Primary Industries Insurance Co Ltd (Bryant) that a replacement benefit may not be assigned where the insured does not restore the property ought to be overturned. The article can be downloaded here
- Published in Insurance - Contractors All Risks
Takeaways of principle from the COVID BI Test Cases — (2022) 37(6) ILB 108
The Full Federal Court in Star Entertainment Group Ltd v Chubb Insurance Australia Ltd and LCA Marrickville Pty Ltd v Swiss International SE (COVID BI Test Cases) have conveniently set out statements of principles in relation to the construction of insurance contracts as well as proximate cause and causation. The article can be downloaded here
- Published in Insurance - Contractors All Risks
Certain Underwriters at Lloyd’s of London v Dural 24/7 Pty Ltd: a triumph of common sense — (2022) 37(7&8) ILB 137
In Certain Underwriters at Lloyd’s of London v Dural 24/7 Pty Ltd, the underlying issue was whether the policy underwritten by Certain Underwriters at Lloyd’s of London (the Policy) covered business interruption caused by the COVID-19 pandemic. The article can be downloaded here
- Published in Insurance - Contractors All Risks
Approved product lists and financial planners and their PI policy is not a free for all — (2023) 38(1&2) ILB 16
In Arch Underwriting at Lloyd’s Ltd obh of Syndicate 2012 v EP Financial Services Pty Ltd, the court had to construe an exclusion clause in a policy of insurance. EP Financial Services (EPFS) was a financial planner that had given financial planning advice to an individual and her company (the clients). The article can be
- Published in Insurance - Contractors All Risks