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Context, commas, causation and contra proferentum - Policy interpretation by the Federal Court

Australia - July 8 2019 In this case, an insured challenged an insurer’s reliance on an exclusion clause to decline a claim made following heat damage to the insured’s…

Policy construction: the meaning of “third party claim” in a professional indemnity policy

Australia - July 25 2017 A claim was brought by Treetops Lismore Pty Ltd against the insured, Malamit Pty Ltd (Malamit), for alleged negligence in the provision of project…

Acting in good faith: recent guidance from the Supreme Court of New South Wales

Australia - October 20 2015 The duty of good faith owed to one another by insurers and insured parties is a fundamental feature of the insurance relationship. The duty has long…

Rhett Kennedy.

Queensland Court of Appeal says you cannot compensate yourself

Australia - October 29 2013 Liability policies are generally limited to providing cover for an insured's liability "to pay damages" or "to pay compensation". Insureds and…

Hancock Foundation hits a dead end with insurance claim

Australia - June 18 2013 Last month, the Supreme Court of Western Australia handed down its latest decision in the highly publicised Hancock family litigation and in doing so…