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Results: 1-10 of 1,456

Operation of section 59A where degree of permanent impairment has not reached MMI
  • Bartier Perry
  • Australia
  • August 28 2015

Section 59A of the Workers Compensation Act 1987 limits the payment of compensation for treatment, service or assistance to a period of 12 months


Court of Appeal knocks out top-up claims
  • Bartier Perry
  • Australia
  • August 28 2015

On 27 August 2015 the Court of Appeal in Cram Fluid Power Pty Ltd v Green 2015 NSWCA 250 delivered its decision on a claim for further lump sum


Court rejects statutory duty of utmost good faith
  • McCabes
  • Australia
  • August 28 2015

The Supreme Court of Queensland has held that section 13 of the Insurance Contracts Act 1984 (Cth) is to imply a term into contracts of insurance


Insurers can't opt out of class action on insureds' behalf, says Court
  • Clayton Utz
  • Australia
  • August 27 2015

Unless there is an express contractual right to do so, an insurer which has paid part of an insured's loss does not have authority to conduct and


The first cyber risk insurance case: Travellers v FRS
  • McCabes
  • Australia
  • August 26 2015

With the growing number of data breaches impacting both small and large businesses, demand for cyber risk insurance will continue to grow in the


Insurers joined as a contributor to a PIPA claim
  • Carter Newell
  • Australia
  • August 24 2015

A respondent to a claim made pursuant to the Personal Injuries Proceedings Act 2002 (Qld) (PIPA) proposed to join a professional indemnity insurer


Who has the dominant right to recover a loss - insured, insurer or both?
  • Lander & Rogers
  • Australia
  • August 24 2015

When does an insurer have the authority and entitlement to discontinue an insured's participation in recovery litigation for insured and uninsured


Supreme Court confirms wide scope of FOS discretion to exclude disputes from its dispute resolution
  • The Commercial Bar Association of Victoria
  • Australia
  • August 23 2015

In Goldie Marketing Pty Ltd v Financial Ombudsman Services 2015 VSC 292 (19 June 2015) the Supreme Court of Victoria has confirmed the very broad


The insurers’ right of subrogation should be forefront during the litigation process.
  • William Roberts Lawyers
  • Australia
  • August 21 2015

Subrogation is defined as the “substitution of one person or group by another in respect of a debt or insurance claim accompanied by the transfer of


Motor vehicle cost of repair - court rejects labour rate incorporating non compensible benefits
  • William Roberts Lawyers
  • Australia
  • August 19 2015

Recently, some motor vehicle repair shops have partnered with third party recovery agents to offer customers, who appear to be not at fault in a