Insurance Law

Insurance Law

Author: Thomas B. Alleman

Many insurance policies contain a “war exclusion,” which states that there is no coverage for loss resulting from “war,” “warlike action by a military force,” or “insurrection, rebellion, [or] revolution.” Does the exclusion apply when a militant faction—specifically Hamas—shoots rockets into an area where the insured is conducting activities?

Read more: Ain’t Going to Study War Exclusions No More... Or Are We? Universal Cable Productions LLC v....

Authors: Michael Bath, Partner, Ryan Stehlik, Special Counsel & Kim Ong Lynch, Senior Associate

Navigating what will and will not constitute an obvious risk under the Civil Liability Act 2002 (NSW) (CLA) can be a tricky task. Two recent judgments delivered by the New South Wales Supreme and District Courts provide further guidance in determining when a risk will be obvious. This newsletter outlines the obvious risk provisions and examines those decisions.

Read more: Obvious Risk – Is it Really That Obvious?

Authors: Rebecca Stevens, Partner & Amy Gill, Special Counsel

A worker’s actual knowledge of a specific risk that arises on a worksite may not provide sufficient basis for a finding of contributory negligence, as demonstrated in the recent Queensland Supreme Court decision of Cootes v Concrete Panels (Qld) Pty Ltd & Ors [2019] QSC 146.

Darren Cootes (Plaintiff) brought proceedings for damages for injuries he sustained on 26 August 2013 when a trench collapsed on him at a construction site.

Read more: Momentary Misjudgment Insufficient to Crush Plaintiff’s Claim for Damages

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

A recent Supreme Court of Queensland decision in the case of Bankier v HAP2 Pty Ltd [2019] QSC 101 has highlighted the need for financial advisers to enquire into their clients’ personal circumstances and warn of the material risks of implementing their advice, particularly when they are aware of issues that may impact their clients' future earning capacity. 

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Author: Thomas B. Alleman

Hurricane Season 2019 is upon us as of June 1. NOAA’s crystal ball predicts an “average” hurricane season this year; to NOAA, “average” means “a likely range of 9 to 15 named storms (winds of 39 mph or higher), of which four to eight could become hurricanes (winds of 74 mph or higher), including two to four major hurricanes (category 3, 4 or 5; with winds of 111 mph or higher).”[1] By comparison, NOAA predicted that 2018, which produced Hurricane Michael, the first Cat 5 hurricane to come ashore in the continental U.S. since 1992, would be “near or above-normal.”[2] And 2017 produced Harvey, Irma, Maria and Nate.

Read more: A Word to the Wise About Concurrent Causation