Ray Giblett

Don’t be collared by your cap – how to ensure your insurance responds Weir Services Australia Pty Limited v AXA Corporate Solutions Assurance [2017] NSWSC 259

By Melissa Tan and Ray Giblett on May 2, 2017 Posted in Cases

The recent decision of Weir Services Australia Pty Limited v AXA Corporate Solutions Assurance [2017] NSWSC 259 is a cautionary tale for insureds seeking to preserve cover when settling third party claims. In order to succeed against the insurer, an insured must prove the existence and quantum of the insured’s liability to the third party. … Continue reading

Proposed legislative changes to the “undoubtedly opaque and ambiguous” Section 6

By Ray Giblett and Melissa Tan on February 28, 2017 Posted in Legislation

“… ambiguity may be its only clear feature…” – Kirby P of the NSW Court of Appeal (as he then was) in McMillan v Mannix (1993) 31 NSWLR 538. 24 years later, the ambiguity plaguing Section 6 of Law Reform (Miscellaneous Provisions) Act 1946 (NSW) remains as ambiguous as ever. Section 6 was described as … Continue reading

You think that’s excluded, think again – section 54(3) of the Insurance Contracts Act to the rescue

By Ray Giblett and Melissa Tan on January 24, 2017 Posted in Cases

Allianz Australia Insurance Ltd v Smeaton [2016] ACTCA 59 A jet ski, no licence, and a freak accident which ended a boys’ afternoon out on the Ross River, Queensland. To top it off, a policy exclusion apparently excluded cover. Fortunately for the insured, section 54 of the Insurance Contracts Act 1984 (Cth) (ICA) stepped in … Continue reading

A High-Water Mark in Section 54’s Voyage to Certainty?

By Tristan Baker and Ray Giblett on November 25, 2016 Posted in Cases

If the High Court’s signal in Highway Hauliers was not clear enough, the Full Court of the Federal Court has further affirmed the pervasive remedial nature of section 54 of the Insurance Contracts Act 1984 (ICA). Watkins Syndicate v Pantaenius concerned an appeal from a decision handed down in January this year (See https://www.insurancelawtomorrow.com/2016/10/section-54-of-the-insurance-contracts-act-a-hard-act-to-follow ). … Continue reading

Insurance and the sharing economy (Part 3): Smart contracts: the future of insurance?

By Sorrel Palmer, Isobel Taylor and Ray Giblett on November 22, 2016 Posted in Industry news

Imagine an insurance policy which pays out on an insurable event without the need for involvement from a claims handler or even the policyholder lodging a claim. For today’s tech savvy consumer, hours spent on the phone to an agent or broker is a hangover from the analog age. Enter the smart contract. A smart … Continue reading

The Internet of Things – and how it’s shaping the insurance industry

By Isobel Taylor and Ray Giblett on November 7, 2016 Posted in Industry news

The GPS in your car. The Pokémon Go app on your smartphone. The heartrate monitor on your FitBit. These are all common examples of how the Internet of Things affects our daily lives.… Continue reading

Would you like insurance with that? ASIC dishes up advice on add-on insurance

By Ray Giblett, Matthew Ellis and Timothy Chan on October 11, 2016 Posted in Regulation

ASIC’s latest report (Report 492) on add-on insurance makes for sobering reading. Following a review of add-on general insurance products sold through car dealers, ASIC identifies a number of concerns. This follows earlier reports focused on consumer experiences (Report 470) and the sale of life insurance through car dealers (Report 471). The most recent report … Continue reading

An insured by any other name doesn’t smell as sweet

By David Frew and Ray Giblett on October 11, 2016 Posted in Cases

A recent NSW court of appeal decision has confirmed that section 45 of the Insurance Contracts Act 1984 (Cth)(ICA) will only render an “other insurance” clause void where the insured is a contracting party to both policies.… Continue reading

5 Key Messages from Norton Rose Fulbright’s Insurance Panel Discussion

By Tricia Hobson and Ray Giblett on October 7, 2016 Posted in Industry news

“The insurance industry is already evolving, and is now on the doorstep of major change. The challenge is for us to adapt.” This was one of the main themes of an insurance industry panel discussion held by Norton Rose Fulbright in Sydney on 4 February 2016 titled Consolidation, Competition and Challenges on the Global Insurance … Continue reading

Cyber Terrorism: Australian laws create coverage gap

By Tricia Hobson, Ray Giblett and Reece Corbett-Wilkins on October 7, 2016 Posted in Legislation

The risk of a cyber attack being carried out on critical infrastructure is a real one, with losses extending to business interruption, property damage and personal injury. Around the world we have already seen examples of such cyber attacks, involving a power plant in Ukraine, a uranium enrichment plant in Iran and, closer to home, … Continue reading

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

By Ray Giblett and Jyoti Singh on October 7, 2016 Posted in Products

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 transactions by transferring … Continue reading

Section 54 of the Insurance Contracts Act – a hard “act” to follow

By Ray Giblett and Tristan Baker on October 7, 2016 Posted in Claims

Lawyers have often scratched their heads trying to come to terms with section 54 of the Insurance Contracts Act 1984 (Cth) (ICA). Section 54 prevents an insurer from denying a claim on the basis of an act (or omission) of the insured provided the act did not cause the loss. Two recent cases have considered … Continue reading

When Life gives you Lemons, make Insurance?

By David Frew and Ray Giblett on October 7, 2016 Posted in Industry news

Insurance is one of the only things you buy that you hope you never need. Every year, you spend money on insurance by paying a premium and hope that you won’t have to make a claim, because a claims means a cost to you in time and inconvenience. At the end of the year you … Continue reading