The Wolf of Newcastle – Fraudulent Investments and s 40(3) of the Insurance Contracts Act

The NSW Court of Appeal in P & S Kauter Investments Pty Ltd v Arch Underwriting at Lloyds Ltd considered what information must be contained in a notification to insurers for it to constitute notification of facts giving rise to claim for the purpose of s40(3) of the Insurance Contracts Act 1984 (ICA). The court also considered whether the non-disclosure […]

Delays in claims handling found to be a breach of the duty of utmost good faith

The Federal Court of Australia considered what conduct can constitute a breach of the duty of utmost good faith in the recent decision of Australian Securities and Investments Commissions v Youi Pty Ltd [2020] FCA 1701.   Authors: Priya Paquet, Mark Frewen-Lord Judgment date: 26 November 2020 Citation: Australian Securities and Investments Commissions v Youi Pty Ltd […]

Design and Building Practitioners Act 2020 – implications for insurers

As a result of a number of catastrophic failures of newly constructed residential developments in short succession, the NSW government has now implemented strict measures to regulate and control the building and construction industry. Relevantly, some of these provisions are retrospective (for the 10 year period preceding June 2020) and impose statutory liability where no […]

What’s the Situation? The Property is Insured!

A recent decision of the Federal Court found that the term “Property Insured” in an Industrial Special Risks Policy may extend to all property that is located in the relevant situation rather than being limited to property used in or in connection with an insured’s business.   Authors: Priya Paquet, Nina Abangan Judgment date: 19 June […]

Damage? Your time starts now!

The New South Wales Court of Appeal has confirmed time starts for the limitation period for first party property insurance on the happening of the damage, even if a claim is made at a later time. In coming to this conclusion, the majority followed Australian intermediate appellate authority and the United Kingdom in concluding the […]

Not an exclusion: New South Wales Court of Appeal declines to apply an exclusion clause for liability assumed under contract | QBE Underwriting Ltd as managing agent for Lloyds Syndicate 386 v Southern Colliery Maintenance Pty Ltd [2018] NSWCA 55

Author: Chanel Bou-Francis and Matthew McDonald Judgement Date: 28th March, 2018 Citation: QBE Underwriting Ltd as managing agent for Lloyds Syndicate 386 v Southern Colliery Maintenance Pty Ltd [2018] NSWCA 55 Jurisdiction: New South Wales Court of Appeal [1] Principles Although it will depend upon the specific wording of the policy, a clause excluding liability […]