Max Cash

Still interested in interest? – another case concerning section 57 ICA

Australia - July 10 2013 In December 2012 we reported on recent cases concerning section 57 of the Insurance Contracts Act 1984 (Cth) (ICA). In particular, we considered the…

Interested in interest? - recent cases on section 57 ICA

Australia - December 20 2012 How long is “reasonable” for an insurer to consider a claim and withhold payment?

Is there a dual meaning of "arising out of"?

United Kingdom - August 7 2012 In an English case - British Waterways v Royal & Sun Alliance Insurance plc [2012] EWHC 460 (Comm) – the English High Court interpreted the commonly used phrase "arising out of" in the context of an insurance policy exclusion.

PI claim(s) by a financial planner, aggregation, broker’s negligence and loss of a chance in one

Australia - June 27 2011 Prosperity Advisers Ltd v Secure Enterprises Pty Ltd T/As Strathearn Insurance Brokers Pty Ltd [2011] NSWSC 35 illustrates aggregation issues in a professional indemnity claim by a financial planner, and how the relevant facts and precise words of the policy are always determinative of whether claims may be aggregated so a single deductible (rather than multiple deductibles) applies.

What is a "claim" when it constitutes a “written assertion of a right to compensation”?

Australia - June 27 2011 Cassidy v Leslie [2010] NSWSC 742 illustrates the importance of clear and unambiguous definitions in any “claims made” or “claims made and notified” policy, and serves as a reminder that any ambiguity in an insurance policy may be interpreted against the insurers.

Drew Elphick.