Insurance Law Tomorrow | Insurance Law

Cases

Are we exclusive yet? The High Court decides on the exclusivity principle for aviation claims in Parkes Shire Council v South West Helicopters Pty Limited [2019] HCA 14 (‘South West Judgment’)

By Jessica Luppino on July 8, 2019

Yes we are, according to the High Court of Australia. On an issue that was previously up in the air, the High Court has provided some long awaited clarity on the scope of claims that can be made against a domestic carrier in the event of death or injury to a ... Continue reading

Section 54 cannot cure what you didn’t know or didn’t exist

It’s Now or Never: When Does a Cause of Action Arise Under an Insurance Policy?

Informal indoor cricket game – non-participant and casual onlooker struck in eye with ball resulting in injury. Materialisation of inherent risk and obvious risk defence.

Industry news

OAIC releases 12-month data breach scheme report – encourages entities to move beyond compliance

By Jacques Jacobs on May 14, 2019

The Office of the Australian Information Commissioner (OAIC) this week released its 12-month Insights Report for the Notifiable Data Breach (NDB) Scheme (Report). The Report shows trends and noteworthy statistics from 1 April 2018 to 31 March 2019, reporting an uptick in notifications and identifying the most common cyber trends ... Continue reading

Enforceable code provisions: an interview with John Price, Lead Ombudsman for General Insurance Decisions, AFCA

Removal of the claims handling exemption – what will it mean for insurers?

Insurance After Hayne Part 6 – The BEAR necessities

Products

Warranty and indemnity Insurance – what is it and why you need it

By Ray Giblett on October 7, 2016

Warranty and indemnity insurance has emerged as a common instrument to address deal risk in M&A transactions globally. What is warranty and indemnity Insurance? Warranty and indemnity Insurance covers losses arising from breach of a warranty (or in certain cases under an indemnity) given in connection with an M&A transaction thus facilitating ... Continue reading

Claims

Fast track to hearing: tips for your next expedition application

By Natalie Aprea on January 23, 2018

From time to time, applications are made by a party to proceedings to expedite the hearing because of a feature about the case raises a need for urgency (for example, a dying plaintiff). However, often when an application is made to fast track the proceedings, it can raise issues of prejudice ... Continue reading

Director’s trust misplaced when it comes to PI coverage

Reserving rights: how to effectively inform insureds of potential conflict

5 avenues for resolving indemnity disputes without protracted litigation

Legislation

Back to the drawing board as design and distribution laws pass Parliament

By Ray Giblett on April 12, 2019

The Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Powers) Act 2019 passed Parliament last week and received royal assent shortly after. It introduces design and distribution obligations into the Corporations Act 2001 (Cth), requiring financial services entities to consider the design of their retail financial products and ... Continue reading

A Trend Has Emerged – Third Quarter Report on Data Breaches by the OAIC

10 Things to Know about the NSW Modern Slavery Act

Modern Slavery Reporting for Australian Businesses

Regulation

ASIC consults on new IDR ideas

By Ray Giblett on May 16, 2019

The Australian Securities and Investments Commission (ASIC) has released Consultation Paper 311 seeking input from interested parties on 15 proposals that will change the way Australian Financial Services Licence (AFSL) holders conduct and report on internal dispute resolution (IDR) processes. Submissions close on 9 August 2019, with the final revisions ... Continue reading

Privacy Shake-Up – Tougher Penalties and More Funding

Removal of the claims handling exemption – what will it mean for insurers?

Insurance After Hayne Part 6 – The BEAR necessities