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 hereRead More
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 hereRead More
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 hereRead More
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 hereRead More
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...Read More
In CIMIC Group Ltd v AIG Group Ltd, the court had to determine whether CIMIC was entitled to indemnity under its Director and Officers Insurers for the years 2010/ 2011 and 2011/2012 (2010 Insurers and 2011 Insurers, respectively). Quantum was referred out to a special referee. The article can be downloaded hereRead More
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 hereRead More
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 hereRead More
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...Read More
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...Read More
