Insurance Law

Insurance Law

Authors: Glenn Biggs, Partner, Liana Isaac, Associate & Thomas Finn, Law Graduate

Dual insurance occurs where two or more insurance policies cover the same insured risk. Claims for dual insurance between insurers are often complicated by 'other insurance' clauses whereby a policy seeks to exclude or limit coverage because of the existence of the other policy.

Read more: Dual Insurance and the Battle of the 'Other Insurance' Clauses

Authors: Glenn Biggs, Partner & Milton Latta, Special Counsel

An insurance contract is typically formed after a process of negotiations, which may involve the issuing of a quotation by the underwriter and the completion of a policy proposal by the contracting insured. The proposal will contain various information about the contracting insured, including the entities to be covered, which enables the insurer to assess the risk exposure and the cover to be provided.

Read more: What Takes Priority – the Schedule or the Policy Wording?

Insurance practitioners in Texas are familiar with the so-called “eight corners rule” applied by Texas Courts to determine whether an insurer has a duty to defend a suit against its insured. The “eight corners rule” is simply summarized:

Read more: Assault on the Citadel? The Texas Supreme Court Agrees to Reconsider the “Eight Corners Rule”

Authors: Katherine Hayes, Partner and Greg Stirling, Senior Associate

The first judgment in an Australian shareholder class action finds that Myer Holdings Limited’s (Myer) non-disclosure and misleading and deceptive conduct did not cause the class of shareholders to suffer loss or damage.

The decision of Beach J of the Federal Court provides valuable guidance on the steps companies are required to take to comply with their continuous disclosure obligations under the Corporations Act and significantly, approves the application of market-based causation which does not require proof of reliance. 

Read more: Myer class action – significant findings on causation and reliance

Authors: Rebecca Stevens, Partner & Milton Latta, Special Counsel

It is often the case in multi-party claims that a contractual relationship will exist between one or more defendants or third parties. Where those arrangements are reduced to writing, the contract will almost invariably contain insurance and indemnity provisions. Occasionally, the insurance provision will provide that one party is to take out liability insurance for the benefit of the other party. The scope of this obligation has proved in the past to be fertile ground for disputes.

Read more: Contractual Insurance Clauses – Is Erect Safe Still Good Law?