Insurance Law Tomorrow | Insurance Law

Cases

Construing combined PI/PL insurance policies: NSW Court of Appeal rejects literal approach

By JP Wood on May 18, 2018

Coverage disputes can arise out of combined professional indemnity (PI) and public liability (PL) insurance policies where a claim appears to fall between the two policies. In Pacific v Walsh ([2018] NSWCA 9), the NSW Court of Appeal declined to construe a combined policy literally, as this would have resulted in ... Continue reading

Residential building disputes – buyer beware, certifying bodies catch a rare break

Drink driver wa(i)ves goodbye to cover

When is it reasonable to reject a costs-protective offer? Trouble on the travelator

Industry news

Cyber aggregation risk – the elephant in the cyber room

By Anna Tipping on May 22, 2018

Although cyber insurance is seen as one of the biggest opportunities in insurance and reinsurance right now, the risks to insurers and insureds could be equally large. One significant threat is ‘cyber risk aggregation’. What is ‘cyber risk aggregation’? Risk aggregation in the insurance industry refers to multiple claims being generated by ... Continue reading

International Women’s Day 2018 – Messages from Elizabeth Broderick

The Inter-Generational Divide – Turning Risk into Opportunity

Mandatory Data Breach Notification – OAIC provides additional information

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

GDPR is here! What this means for you.

By Jacques Jacobs on May 25, 2018

Does your company or organisation (or any of its subsidiaries) monitor, track or target EU data subjects in the context of offering goods or services to them? If the answer is yes, your organisation needs to ensure it is ready to comply with the requirements of the GDPR. What is the ... Continue reading

The results are in: weekly data breach notifications have increased fivefold!

Cyber Risk, Data Breaches and the NDB Scheme – What are the Australian Privacy Commissioner’s range of powers?

Data breach of jointly held information: who is responsible?

Regulation

D & Oh no! – rising liability for directors and officers in 2018

By JP Wood on February 16, 2018

Growing global regulatory oversight and increased pressure on ASIC to take punitive action means that 2018 is to likely to be a year fraught with new and greater risks for Australian executives. ASIC penalties were once likened to “being hit with a lettuce leaf” by Financial System Inquiry chair David Murray, ... Continue reading

ASIC’s enforcement priorities: what do they mean for insurers?

A new body for financial disputes in Australia

What ASIC has in store for the insurance industry in 2017