Authors: Mark Brookes, Partner, Greg Stirling, Senior Associate & Hayley Nankivell, Law Graduate
In McLennan v Meyer Vandenberg  ACTCA 35 the Court of Appeal of the Australian Capital Territory considered the extent of damages that should be awarded in a solicitor’s negligence claim, heard at first instance by the Supreme Court of the ACT (ACT) in January 2019. That case, McLennan v Clapham & Ors  ACTSC 1, was discussed in a previous Carter Newell publication available here.
Numerous representatives from the insurance industry, regulators and lawyers participated in the meeting. The firm’s Senior Partner, Igor Popa, first presented the historical development of legal expenses insurances in Europe and worldwide. He explained the basic structures and mechanics of legal expenses insurances.
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.
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.
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:
- Myer class action – significant findings on causation and reliance
- Contractual Insurance Clauses – Is Erect Safe Still Good Law?
- Unfair Contract Terms Regime to be Extended to Insurance Contracts
- Ain’t Going to Study War Exclusions No More... Or Are We? Universal Cable Productions LLC v. Atlantic Specialty Ins. Co. (9th Cir., July 12 2019)