Insurance Law



Insurance Law


Author: Joseph L. Cowan, II

Businesses across the county are temporarily closing their doors to customers, clients and employees to enforce social-distancing in an effort to slow the spread of the coronavirus. Some have done so voluntarily, asking employees to work from home or closing their store fronts and asking customers to order on-line. Others have closed completely or modified their service mechanism at the instruction of state and local government. Restaurants, bars, entertainment venues and others in the retail, hospitality and service industries have been hit particularly hard by these necessary steps to reduce the public exposure.

Read more: COVID-19 Related Business Interruption Coverage


Authors: Katherine Hayes, Partner, Greg Stirling, Senior Associate & Hayley Nankivell, Law Graduate 

The Australian Financial Complaints Authority recently affirmed an insurer’s decision to decline a claim for vehicle damage because the policyholder failed to disclose that he was using his car for ridesharing purposes with Uber, despite the vehicle being in personal use at the time of the accident.

Read more: Section 54 Doesn’t Save Uber Driver from Declinature


COVID-19: Insurance Tool Kit For Businesses

  1. Assemble copies of your commercial property, general liability and any unique policies such as pollution legal liability policies. Forms vary greatly. Which form you have can impact your ability to succeed in successfully making a claim.
  2. If you have policies going back to 2005, it could prove helpful in analyzing whether special exclusions were properly added to your policy and thus whether they may be unenforceable.

Read more: COVID-19 Insurance Concerns


Authors: Ben Hall, Partner, Wendy Bure, Senior Associate & Amanda Le, Law Graduate

A recent decision of the New South Wales Court of Appeal (KSMC Holdings t/as Hubba Bubba Childcare on Haig v Bowden [2020] NSWCA 28) represents a rare ‘win’ for defendants in defamation proceedings. The decision includes a detailed discussion of the defence of common law qualified privilege.

Background

The defendants own and operate a childcare centre in Chatswood, New South Wales.

The plaintiff was an employee of the defendants.

Read more: Snap Back to Reality: Defamation Proceedings Dismissed on Appeal


An analysis of why there are no takers for title insurance and what needs to be done.

Author: Divya Malcolm

Real estate is among the priciest investments around. More so for the common man who has to live with the burden of monthly EMIs. Yet, it is an art to discover the real owner of any property. Government and revenue records, which are easily accessible to the public, are not properly maintained. Individual plot owners don’t even think it necessary to update these records; as such omissions do not attract stringent penalties. The entire process of finding out whether a person’s ownership rights are free of any defects depends largely on the co-operation of the purported seller. And the seller may have a vested interest in not making a clean breast of things.

Real estate projects have got stalled on account of various defects in the title of the owner/ developer to the property. Examples of such defects include litigation by a co-owner who was not made a party to the sale; boundary disputes with neighbouring plot owners; non-availability of the requisite approvals.

Read more: Title Insurance in India: new product for old issues