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In this case note in the Insurance Law Bulletin, Laina discusses AIA Australia Ltd v Sharma [2023] FCAFC 42— continuing misrepresentations and s 29(2) of the Insurance Contracts 1984 (Cth). The article can be downloaded here

Laina discussed the impact on claims of the extended statutory duty of care in the Design and Building Practitioners Act 2020 (NSW) and the recovery of damages in construction claims at the 2023 UNSW Edge Construction Law Edge. The article can be downloaded here

In Worth v HDI Global Specialty SE, the appellant had operated a childcare business from her home prior to it being burned down 5 years ago. The appellant was an insured under Home Based Business Property Insurance policy (the Policy) but the respondent insurer had denied indemnity on the basis that the appellant had deliberately

This article has been published as Chan, Two vexed issues in arbitration — The joinder of third parties and the arbitrability of indemnity issues — (2021) 31 ILJ 85.  It looks at the approach of Australian courts to the extended definition of ‘party’ contained in the International Arbitration Act 1974 (Cth) and the domestic Commercial Arbitration

In Icon Co (NSW) Pty Ltd v Liberty Mutual Insurance Company Australian Branch (t/as Liberty Specialty Markets), 1 Icon sought declarations from the first respondent (Liberty), its contract works and third party liability insurer, and the second respondent (QBE), its product liability insurer that it was entitled to indemnity under the two policies of insurance.

In Bank of Queensland Ltd v AIG Australia Ltd, 1 the New South Wales Court of Appeal had to determine how many claims had been made against Bank of Queensland Ltd (BOQ) under a civil liability claims made policy with a limit of liability of $40 million for all claims and a retention of $2

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