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Specialty Group: Insurance Law

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The Difficulty of Drafting Effective Exclusion Clauses

Contact: Mark Brookes, Partner and Hannah Fox, Solicitor; Carter Newell (Queensland, Australia) A recent decision of the Queensland Supreme Court highlights the importance of meticulous drafting of insurance polici ...

When disclosure to an insurer risks waiving privilege

Contact: Mark Brookes, Partner, Dee Wood, Senior Associate and Natasha Millington, Solicitor; Carter Newell (Queensland, Australia) Asahi Holdings (Australia) Pty Ltd v Pacific Equity Partners Pty Limited (No 2) [2 ...

Exceptions and Qualifications - Whose Burden is it Anyway?

Contact: Michael Bath, Special Counsel and Thomas Byrne, Associate; Carter Newell (Queensland, Australia) Introduction It is an often repeated doctrine in insurance disputes that the insured bears the burden of proving ...

Cruise Ship Not Liable for Assault on Passenger

Packer v Tall Ships Sailing Cruises Aus P/L & Anor [2014] QSC 212 Introduction In cases of patron on patron violence, courts have generally held that an occupier of licensed premises will be liable for an assault where ...

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