11-20 of 65 results
A multi-million dollar question – aggregating claims in class actions
The New South Wales Court of Appeal has held in Bank of Queensland Limited v AIG Australia Limited1 that, under the terms of a civil liability insurance policy, each Class Member Registration For ...
IP insurance: are you sure it's too expensive?
IP disputes can be costly. One way firms can manage this risk is to obtain IP insurance. Once regarded as too expensive to work, recent developments in the market suggest that, for smaller businesses in particular, protection may now be more affordable. ...
'A ticking time bomb': limitations in cyber cover for known vulnerabilities and end-of-life hardware
Insurers heavily scrutinise organisations' ability to prevent, anticipate and withstand cyber-attacks when deciding whether or not to offer cyber insurance. This Insight explains what known vulnerabilities are; the approach commonly adopted by insurers; and what you can do to mitigate the risk. ...
DDO conditional relief: facilitating the reissue of life insurance policies
In a welcome move for life insurers reissuing or reinstating certain life policies, ASIC has registered the ASIC Corporations Instrument 2023/183. In this Insight, we provide a brief overview of the purpose of the Instrument and the relief granted by ASIC. ...
Recovery and exit planning – new requirements for APRA-regulated entities
APRA has released Prudential Standard CPS 190: Recovery and exit planning (CPS 190), which aims to ensure that all APRA-regulated entities are prepared for scenarios that may impact the financial viability of their business. In this Insight, we provide an overview of the new requirements in CPS 190. ...
FCA declares insurer in breach of duty of utmost good faith
The Federal Court has declared that Youi Pty Ltd (Youi) breached its duty of utmost good faith under section 13 of the Insurance Contracts Act 1984 (Cth) (ICA) in relation to its handling of an insurance claim for damage to an insured's home. The decision is an important reminder of the broad scope and potential reach of the duty. ...
AMITs are here (at last)
It has taken a while but out of the dust of an early Federal Budget and double-dissolution election announcement a new tax attribution regime for Attribution Managed Investment Trusts has emerged relatively intact While the AMIT regime should generally be welcomed as a positive thing for MITs in ...
Significant 'blow' for penalties claims
Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...
Insurance in a time of (cyber) war
This is the third instalment of our Cyber Insurance Handbook Series. See our first and second instalments here. The market-standard position has long been for loss or damage arising from war to be exc ...
Insurance coverage for climate litigation: taking the temperature from US case law
In this Insight, we profile some of the key cases and highlight potential barriers that policyholders may face in recovering the costs of climate litigation. ...