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CTP Insurance

Medical Review Panel bound to conduct review: Insurance Australia Limited t/as NRMA Insurance v Mangogna [2023] NSWPICMP 509

The Claimant in Insurance Australia Limited t/as NRMA Insurance v Mangogna [2023] NSWPICMP 509 alleged that they had sustained injuries in a motor vehicle accident on 8 January 2021.

Published by Helen Huang
30 October, 2023
Insurance

Contract works exclusions – but whose works? Prestige Form Group NSW Pty Ltd v QBE European Operations PLC [2023] FCA 749

On 24 February 2022, Richard Crookes Constructions Pty Ltd (RCC) subcontracted with Prestige Form Group NSW Pty Ltd (Prestige) to carry out formwork in connection with a construction. The formwork failed as concrete was poured into it by another of R...

Published by Richard Johnson
25 October, 2023
Compulsory Third Party Insurance

Does a company’s registration sufficiently demonstrate that a Claimant is “an earner”? Alzate v Insurance Australia Limited t/as NRMA [2023] NSWPICMR 51

On 18 October 2023 the NSW Personal Injury Commission released its decision in Alzate v Insurance Australia Limited t/as NRMA [2023] NSWPICMR 51. The Claimant in this matter was unemployed on the date of her motor accident and was receiving parenting...

Published by Peter Hunt
23 October, 2023
Insurance

Injuries arising from improper use of gym equipment: Karaoglu v Fitness First Australia Pty Ltd [2023] NSWCA 229

On 3 October 2023, the NSW Supreme Court of Appeal delivered its judgment in the matter of Karaoglu v Fitness First Australia Pty Ltd [2023] NSWCA 229.

Published by Peter Miller
16 October, 2023
CTP Insurance

When will a medical assessor accept causation in whole person impairment disputes? Gray v Allianz Australia Insurance Limited [2023] NSWPICMP 481

Pursuant to section 131 of the Motor Accidents Compensation Act (NSW), a Claimant is only entitled to damages for non-economic loss where the permanent impairment is greater than 10% and results from an injury caused by a motor vehicle accident.

Published by Helen Huang
16 October, 2023
CTP Insurance

Threshold Injury Disputes Involving Multiple Accidents: Aleksic v AAI Limited t/as GIO [2023] NSWPICMP 466

The decision in Aleksic v AAI Limited t/as GIO [2023] NSWPICMP 466 acts as a reminder that in threshold injury disputes, a motor accident does not need to be the sole cause – or even the predominant cause – of the relevant medical condition.

Published by Peter Hunt
9 October, 2023
Insurance

Personal injury claims, ‘obvious risks’ and liability

In New South Wales, the Civil Liability Act 2002 NSW (the Act) is the governing legislation that governs the recovery of damages for personal injury caused by the fault of a person. Part 1A of the Act outlines the rules pertaining to negligence, whic...

Published by Peter Miller
12 January, 2023
Insurance

Hurdles that must be overcome by motor accident insurers in establishing contributory negligence

Case Note – Zaya v Damirdjian Judgment date: 11 October 2022 Citation: Zaya v Damirdjian [2022] NSWCA 203 Jurisdiction: Court of Appeal, Supreme Court of NSW Before: Bell CJ, Gleeson JA and Griffiths AJA Principles Expert evidence has a limited...

Published by Raissa Galang
26 October, 2022
Insurance

It is not part of a medical assessor’s function to determine the scope of a motor accident

A claimant suffers psychological injury when he is threatened by a would be thief of his motor bike. Whether the medical assessor was justified in concluding that this was not a motor accident was answered by the Supreme Court in Bell v Allianz Insur...

Published by McCabes News
8 September, 2022
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