11-20 of 120 results
High Court limits proportionate liability regime and expands insurers' liability for costs
The High Court yesterday overturned a decision of the Full Court of the Federal Court and held that if the same loss is caused by both apportionable and non-apportionable claims proportionate liability does not apply to the non-apportionable claims The High Court also ordered that the defendants ...
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. ...
When silence is no longer golden: the demise of 'silent cyber' and the need for dedicated cyber insurance
Recent high-profile cyberattacks and the Federal Court's Inchcape decision provide a timely reminder of the need for suitable cyber insurance coverage. This Insight explains what this all means for your business. ...
Backing up the backups: cyber insurance in a hardening market
Increased regulatory scrutiny and enforcement action, including in Australia, is also contributing to the steadily rising cost of cyber risk management and cyber incident response. In this first instalment of our Cyber Insurance Handbook Series, we look at the key trends in the cyber insurance market and how your business should respond. ...
Continuing misrepresentations: Full Federal Court confirms an incoming insurer's right to avoid cover
In a welcome move for insurers writing group life policies for superannuation funds, the Full Federal Court in AIA v Sharma overturned the first instance decision and held that a fraudulent misrepresentation made by an insured member to an outgoing group life insurer could have continuing effect an ...
Seeking cover under pressure
Over the past decade, there has been a significant increase in the pace and scale of regulatory investigations and enforcement activity, including a spate of high profile royal commissions and inquiries into potential wrongdoing by institutions, companies, and their directors and officers. ...
Mandatory vaccinations in the workplace: what do employers need to consider?
In this Insight, our cross-practice experts cover the employment, safety, privacy, regulatory, insurance and liability considerations that confront employers navigating these complex and rapidly changing public health settings. ...
The draft FAR bill has finally landed
In this Insight we provide a brief snapshot of the new regime as well as provide timing, guidance and key considerations you need to start thinking about now. ...
Key developments for APRA-regulated entities in managing climate risks
Recently released guidance from the Australian Prudential Regulation Authority (APRA) and two new barrister opinions re-emphasise the need for banks, superannuation trustees, insurers, and other organisations, to respond to, and appropriately manage, financial risks associated with climate change. ...