Specialty Group: Insurance Law

In New South Wales, s 5B of the Civil Liability Act 2002 (CLA) prescribes that a finding of negligence requires a plaintiff to establish that a risk was foreseeable, not insignificant and that a reasonable person would ...

On 2 July 2021 the NSW Court of Appeal (Meagher JA, Bathurst CJ and Bell P) handed down judgment in P & S Kauter Investments Pty Ltd v Arch Underwriting at Lloyds Ltd [2021] NSWCA 136; BC202105739. In upholding th ...

Your home or business is hit by a disaster – hurricane; fire; flood – you name it. Homeowners and businesses often have insurance to protect against disaster – and many times the dealings with the insurance company ...

The Federal Court of Australia has found that TAL Life Limited (TAL) breached its duty to act with utmost good faith pursuant to s 13 of the Insurance Contracts Act 1984 (Cth) (ICA) in seeking to avoid an income protec ...