Tag archives: coverage

Interpreting coverage clauses: can extrinsic material be considered?

The recent decision in AAI Limited t/as Vero Insurance v GEO Group Australia Pty Limited [2017] NSWCA 110 affirmed what we’ve known all along: courts will read a coverage clause objectively in the context of the whole insurance contract. But does this context include extrinsic material? According to the New South Wales Court of Appeal, … Continue reading

Reserving rights: how to effectively inform insureds of potential conflict

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

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

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
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