1-10 of 103 results

The draft FAR bill has finally landed
Insight 20 Jul 2021

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
Insight 11 May 2021

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
Insight 03 Dec 2020

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
Insight 02 Dec 2020

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
Insight 30 Nov 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. ...

Responding to COVID-19: your questions answered
Insight 13 Jul 2020

In light of the global outbreak of coronavirus (COVID-19), many businesses are confronted with questions about the legal and regulatory implications. Here we address the most pressing questions being asked across the business landscape. ...

Federal Court refuses to order disclosure of class action respondent's insurance policies
Insight 27 Apr 2020

In contrast to a previous decision, the Federal Court has refused to order the disclosure of the respondent's insurance policies to the applicant in a class action. We explore this decision and also highlight the way in which the court's reasoning differed from a prior decision that found in favour of disclosure. ...

Queensland Supreme Court refuses to order disclosure of class action defendant's insurance policy, providing further guidance on the making of such orders
Insight 16 Oct 2019

The Queensland Supreme Court has refused an application by a class action plaintiff seeking to compel the defendant to disclose its insurance policy and documents relating to its insurance position. In doing so, the court commented on the recent Federal Court decision in the Radio Rentals class action but came to a different result on the facts. This decision shows that when determining whether or not to make an order for disclosure, the court is likely to take into account the defendant's financial capacity, and may be less likely to make such an order where the defendant's solvency is not a concern. ...

Federal Court orders disclosure of class action respondent's insurance policies, affirming a recent trend
Insight 12 Aug 2019

In the Radio Rentals Class Action, the Federal Court of Australia has ordered - over the objection of an Insurer - that a respondent disclose its insurance policies to the applicant. ...

A multi-million dollar question – aggregating claims in class actions
Insight 08 Aug 2019

The New South Wales Court of Appeal has held in Bank of Queensland Limited v AIG Australia Limited 1  that, under the terms of a civil liability insurance policy, each Class Member Registration For ...

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