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Specialty Group: Insurance Law

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Trial Judge’s Findings on Nuisance Up in Flames

Author: Milton Latta Introduction In claims involving interference with the use and enjoyment of land, actions can be available in both negligence and nuisance, and are often pleaded as alternative causes of action.  ...

A Significant Evidentiary Omission Results in a Finding of an Insignificant Risk of Harm

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 ...

Sections 28(2), 28(3) and 40(3) of the ICA Considered

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 ...

Natural Disaster: Making Sure Your Insurance Is Working For You And Ten Signs It Might Not Be

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 ...

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