Insurance Law



Insurance Law


Authors: Katherine Hayes, Partner, Greg Stirling, Senior Associate & Madelyne Inch, Solicitor

In the recently decided matter of Dalby Bio-Refinery Ltd v Allianz Insurance Limited, the Federal Court of Australia has provided a helpful reminder of how courts will approach the construction of exclusion clauses in insurance policies when the insured and insurers are asserting that contrary meanings apply.

Read the entire article.


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

The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry is due to hand down its final report by 1 February 2019. The Commission has dissected the way some of our biggest institutions do business, causing shockwaves in the process.

In his interim report tabled to parliament on 28 September 2018, Commissioner Kenneth Hayne provided some detailed reflections, including on the financial advice sector, and has given some guidance about the areas in which his recommendations may focus.

Read the entire article.


Authors: Mark Brookes, Partner, Greg Stirling, Senior Associate & Madelyne Inch, Solicitor

Breach of warranty of authority is an action available against an agent who misrepresents his or her authority to a third party and as a result of that misrepresentation, the third party enters into a contract and suffers loss. The rationale for the action lies in the fact that a third party who is induced to act and has given consideration in reliance on the agent’s implied promise (that he or she has authority), has no cause of action against the principal if they did in fact not give authority to the agent.

Breach of warranty of authority claims can arise against solicitors in mortgage fraud cases.

Read the entire article.


Authors: Mark Brookes, Partner, Greg Stirling, Senior Associate & Madelyne Inch, Solicitor

A recent decision of the Supreme Court of New South Wales has highlighted the importance of aggregation clauses in insurance policies in determining an insured’s and an insurer’s liability for multiple related claims by separate parties. In circumstances where class actions are seemingly becoming more prevalent, the case of Bank of Queensland Ltd v AIG Australia Ltd [2018] NSWSC 1689 presents a timely reminder to insurers and insureds to carefully consider their respective liability when confronted with multiple claims of a similar nature.

Read the entire article.


Authors: Michael Bath, Partner & Wendy Bure, Senior Associate

It is often argued that, where an insurance policy requires an insured to comply with a statute or Australian Standard, an insured need do no more than take ‘reasonable care’ to comply. Our previous newsletter discussed WFI Insurance Ltd v Manitowoq Platinum Pty Ltd [2018] WADC 89 where the implication of such a term was accepted. However earlier this year the Court of Appeal in WFI Insurance Ltd v Manitowoq Platinum Pty Ltd [2018] WASCA 89 overturned that decision finding that, in the context of the policy in question, absent express words, it was not reasonable or appropriate to imply a reasonableness standard.

Read the entire article.