Tristan Baker

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Drink driver wa(i)ves goodbye to cover

In the world of commercial and consumer transactions, parties often seek to redistribute risk. Risk can be transferred or assigned by a variety of different vehicles including warranties, waivers, guarantees or simply under the terms of the agreement. Often, the method adopted can exhibit a number of similarities with a contract of insurance, such as … Continue reading

Director’s trust misplaced when it comes to PI coverage

Clear and precise drafting is essential when it comes to setting out the scope of cover provided under an insurance policy. This is especially significant in the professional indemnity and directors’ and officer’s insurance space where policies often seek to include or exclude complex legal and commercial relationships. The advantage of clearly defining the parties’ … Continue reading

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

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 ). … Continue reading