Insurance Law Tomorrow | Insurance Law

Cases

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

By Tricia Hobson on August 14, 2018

The Full Court of the Federal Court in the last couple of weeks considered a question that by some has been considered a “sleeper issue” which had not previously received judicial attention. The question was whether a final adjudication clause in a conduct exclusion prevents Underwriters from relying on their ... Continue reading

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

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

Drink driver wa(i)ves goodbye to cover

Industry news

Data breaches notifications are on the rise

By Jacques Jacobs on August 2, 2018

As many readers know, the Notifiable Data Breach Scheme (NDB Scheme) came into force on 22 February 2018. It has resulted in changes to Australia’s privacy law in relation to notification obligations on individuals and organisations that experience an eligible data breach. The Office of the Australian Information Commissioner (OAIC) recently ... Continue reading

ALRC inquiry into class action proceedings and third party litigation funders: What you need to know

Privacy Class Actions Arrive in Australia

AI and Insurance: Planning for an intelligent future

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

10 Things to Know about the NSW Modern Slavery Act

By JP Wood on July 4, 2018

In our recent blog, we alerted you to the Commonwealth Modern Slavery Bill, which was introduced into Parliament last week, for debate in August, following the passing of the Modern Slavery Act 2018 (NSW) on 21 June 2018. The NSW Act establishes a new modern slavery reporting requirement which will have ... Continue reading

Modern Slavery Reporting for Australian Businesses

GDPR is here! What this means for you.

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

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