11-20 of 118 results
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. ...
Enforcement and litigation risk in insurance 2021
There is a growing appetite for litigation and regulatory enforcement in the insurance industry. In the wake of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Financial Services ...
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. ...
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. ...
Federal Court holds Opal Tower defendant not entitled to be paid defence costs prior to determination on exclusion clause
Evolution v Chubb Insurance clarifies that unless a policy contains an advancement of defence costs provision (and subject to the particular terms of the policy), an insured should not assume it will be entitled to be reimbursed for defence costs as and when they are incurred if there is a debate with the insurer about the operation of an exclusion clause in respect of the third party claim brought against the insured. ...
Insurance sector reform under the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020
After several months of delay due to COVID-19, the Bill implements a large number of the Hayne Royal Commission recommendations, and in particular picks up several of the recommendations that are aimed at reforming the insurance sector. ...