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Specialty Group: Insurance Law

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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 ...

Utmost Good Faith When Investigating and Assessing Claims

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 ...

Is the ‘Dangerous Recreational Activity’ defence available under the ACL?

At a state and territory level, personal injuries claims are governed by the respective states and territories’ civil liability legislation. The legislation in some of the states have a similar genesis, being broadly ...

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