Insurance Law



Insurance Law


Authors: Mark Brookes, Partner, Greg Stirling, Senior Associate & Hayley Nankivell, Law Graduate

Introduction

In McLennan v Meyer Vandenberg [2019] 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 [2019] ACTSC 1, was discussed in a previous Carter Newell publication available here.

Read more: Court of Appeal Limits Damages Flowing from Negligent Conveyancing


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.

Read more: Legal Expenses Insurance – Market Opportunities in the Republic of Moldova


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”