Meet the Co-chairs - TAGLAW
Swift, Currie, McGhee & Hiers, LLP
As Hurricane Irma barreled through Florida, it left a path of destruction and uncertainty. First and foremost, we hope that you and your families are safe and recovering well from the storm. We also want you to know that, if you sustained any damage, we are here to provide you with guidance and counsel during the insurance claim process and help ease your uncertainties.
As you may know, insurance policies are complex contracts with many pitfalls and nuances. The failure to properly navigate the insurance policy and claim process can delay payment of benefits to you, result in an underpayment of benefits and/or denial of your claim. Although the applicable terms and conditions of your policy(ies) will control the mutual rights and obligations of you and the insurance company, below are some of the most frequently asked questions to assist you and your friends, colleagues and business relationships in this process:
Authors: Katherine Hayes, Special Counsel and Greg Stirling, Senior Associate
Data breaches are occurring more frequently, and with the new mandatory data breach reporting obligations looming, it's important to understand the nature of the risk so that lessons can be learned.
Author: Ryan Stehlik, Senior Associate
Woolworths has successfully appealed the New South Wales District Court’s findings that its staff members were negligent for either causing the suspect grape to fall to the ground or failing to identify it on the ground just after the store had opened.
The Court of Appeal found the inferences of the judge at first instance were not correct, and Woolworths’ staff were not required to keep a ‘perfect’ lookout.
Authors: Mark Brookes, Partner and Tom Pepper, Solicitor
A recent New South Wales Court of Appeal decision provides a useful illustration of how courts will have regard to an insurance policy’s overall construction in interpreting the meaning of key phrases and clauses.
In Malamit Pty Ltd v WFI Insurance Ltd 1 the court found that a claim made against the insured by a company wholly owned by the insured’s sole director was still a claim made by a ‘third party’ as required by the policy’s insuring clause. Ultimately the claim was excluded under a different clause however the case nonetheless serves as a reminder for insurers to be mindful of the importance of the overall construction of their policies to avoid inadvertently providing cover for unintended risks.
Handed down in March 2017, the decision of Manitowoq Platinum Pty Ltd & Ors v Wesfarmers Federation Insurance Ltd (WFI) (Manitowoq Platinum) is of particular interest as the District Court of Western Australia considered whether an insured’s breach of statutory obligations could form the basis to refuse indemnity under a Commercial Risk Policy. The case also looks at whether the leading Queensland case and related authority around Kim v Cole & Ors, should apply.