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Results: 1-10 of 104

Does a son owe his mother a duty of care not to die?
  • McInnes Wilson Lawyers
  • Australia
  • July 19 2016

In Homsi v Homsi the Supreme Court of Victoria was required to consider whether a son who died in a motor vehicle accident owed a duty of care to his


TPD Claims- Reynolds v Sunsuper Pty Ltd & Ors 2016
  • McInnes Wilson Lawyers
  • Australia
  • June 8 2016

Yesterday Justice Dorney of the District Court of Queensland handed down his decision in Reynolds v Sunsuper Pty Ltd & AIA Australia Limited 2016


Plaintiff fails - no U-turn required
  • McInnes Wilson Lawyers
  • Australia
  • June 6 2016

In the recent decision of Bates v Gillham the New South Wales Court of Appeal was required to consider whether a driver was negligent for bringing


TPD claims : a life insured’s duty
  • McInnes Wilson Lawyers
  • Australia
  • May 3 2016

In October 2015, we published “Don’t Be Hasty - Duties and the Common Pitfalls for Trustees and Insurers” (view here) which looked at the duties of


Date of Assessment in TPD Claims
  • McInnes Wilson Lawyers
  • Australia
  • April 29 2016

Assessing claims for Total and Permanent Disablement (TPD) benefits at the correct point in time is critical to the claims assessment process


Part-Time Employment and TPD Claims
  • McInnes Wilson Lawyers
  • Australia
  • April 29 2016

The issue of whether an insured engaging in part-time employment effects their entitlement to benefits under a Total and Permanent Disablement (TPD


The meaning of “unlikely” in TPD clauses
  • McInnes Wilson Lawyers
  • Australia
  • April 29 2016

On 7 April 2016, the New South Wales Court of Appeal handed down its decision inTAL Life Ltd v Shuetrim and Metlife Insurance v Shuetrim 2016 NSWCA


High Court Redefines the Realms of Joining an Insurer to a Proceeding
  • McInnes Wilson Lawyers
  • Australia
  • April 14 2016

The High Court recently heard an appeal brought by CGU Insurance from a decision in the Supreme Court of Victoria, challenging a declaration that CGU


Policy Interpretation: Say what you mean!
  • McInnes Wilson Lawyers
  • Australia
  • March 21 2016

The principles of contract interpretation are well established; however we have seen a recent trend of in


Frustration of LTCS eligibility assessment
  • McInnes Wilson Lawyers
  • Australia
  • March 18 2016

Are MACA and LTCS legislation Interwoven to allow an insurer to utilise Section 86 of MACA to assess LTCS eligibility and base an LTCS application