Insurance Law Tomorrow | Insurance Law

Cases

WA Court of Appeal plugs leaky District Court judgment and construes insurance policy in favour of insurer

By JP Wood on October 9, 2018

In the recent Western Australian Court of Appeal decision of WFI Insurance Ltd v Manitowoq Platinum Pty Ltd & Ors [2018] WASCA 89, the former Chief Justice rejected the District Court judge’s interpretation of a condition in a business liability insurance policy that the insured had relied upon to deny ... Continue reading

Fraudulent non-disclosure, avoidance and refusal to advance – Federal Court decides insurers can avoid advancing defence costs to Cranston and Onley

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

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

Industry news

New super ombudsman AFCA commences operation today

By Ray Giblett on November 1, 2018

Starting 1 November 2018, the Australian Financial Complaints Authority (AFCA) replaces the Financial Ombudsman Service (FOS), Credit and Investments Ombudsman (CIO) and the Superannuation Complaints Tribunal. The AFCA is now the ASIC approved External Dispute Resolution (EDR) scheme for consumer and small business complaints for Australian financial and credit industries. All ... Continue reading

Cloud cover: 5 tips to mitigate the risks of cloud computing services

Cyber Risk for D&O – Steps to Mitigate

Shareholder Class Actions are here to stay: What this means for D&O insurers

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

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

By Jacques Jacobs on November 8, 2018

The Office of the Australian Information Commissioner (OAIC) recently released its third quarterly report in relation to data breaches notified under the Notifiable Data Breach (NDB) Scheme between 1 July and 30 September 2018. For this quarter, the OAIC received 245 data breach notifications which is on par with the ... Continue reading

10 Things to Know about the NSW Modern Slavery Act

Modern Slavery Reporting for Australian Businesses

GDPR is here! What this means for you.

Regulation

New Prudential Standard for the Information Age – CPS 234

By Ray Giblett on November 13, 2018

The Australian Prudential Regulation Authority (APRA) has finalised a new Information Security Prudential Standard (CPS 234) coming into effect on 1 July 2019. CPS 234 will apply to all APRA regulated entities, including insurers. The purpose of CPS 234 is to ensure that an APRA regulated entity has measures in ... Continue reading

APRA releases new prudential standards to boost fitness of private health insurers

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

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