Max Cash
King & Wood Mallesons
Articles
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 TAs 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....
