Topic: Claims

Insurance claims handling soon to be a financial service

By Ray Giblett, Matthew Ellis and Timothy Chan on December 5, 2019 Posted in Claims, Industry news

Following the release of the Royal Commission final report earlier this year, the Treasury has now released draft legislation that will make insurance claims handling a financial service under the Corporations Act 2001 (Cth). This will give the Australian Securities and Investments Commission (ASIC) greater supervisory responsibility over claims handling and require that these activities … Continue reading

Fast track to hearing: tips for your next expedition application

By Natalie Aprea and Dunzelle Scholtz on January 23, 2018 Posted in Claims

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 for the respondent, by … Continue reading

Director’s trust misplaced when it comes to PI coverage

By Tristan Baker on August 14, 2017 Posted in Claims

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

Reserving rights: how to effectively inform insureds of potential conflict

By Alexander Morell on May 15, 2017 Posted in Claims

How should Australian lawyers approach the task of dual representation of insured and insurer? A recent American decision serves as a timely reminder for insurers that conflicting interests between an insured and insurer is a serious issue which may arise for solicitors who act as coverage and defence counsel. The US decision In America, the … Continue reading

5 avenues for resolving indemnity disputes without protracted litigation

By Jennifer Crowther and Daniel Troy on February 28, 2017 Posted in Claims

When an insurer and an insured disagree on the outcome of a claim under an insurance policy, a well-managed dispute resolution process can offer cost-efficient, impartial and quick resolution of coverage disputes. Here are five different avenues for resolving indemnity disputes without protracted litigation: 1. Dispute resolution clauses A well-drafted dispute resolution clause in an … Continue reading

Self-Represented Litigants – New guidelines from the Law Society of New South Wales

By Samantha King and Lauren Holz on February 9, 2017 Posted in Claims

Clients should be aware that proceedings brought by a self-represented litigant raise a number of issues not encountered when all parties have retained legal representation. In December 2016 the Law Society of New South Wales published revised Guidelines to assist practitioners in dealing with self-represented parties in civil proceedings. The Guidelines can be found here: … Continue reading

The Insurance List for short matters – a work in progress?

By Holly Lillico and JP Wood on December 21, 2016 Posted in Claims

In March 2016 the Chief Justice of the Federal Court of Australia established an Insurance List for short matters (List). While the List did not see much activity in the first six months, the flurry of recent decisions gives some clue as to how the List has been operating. The List operates across all registries … Continue reading

Class Action Risk – Is Your Board Prepared?

By Nicole Wearne on November 8, 2016 Posted in Claims

Outside of North America, Australian companies are more likely to face a class action than anywhere else in the world. And aside from the legal issues, class actions have the potential to significantly impact a company’s reputation and share price. Data shows that class actions are a key issue for Australian boards, directors and senior … 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