Our legal experts will keep you up to date on all relevant and current developments.
What would your initial reaction be if a kangaroo suddenly appeared before you while driving?
Surely any loss of control and subsequent crash would be the kangaroo's fault, right?
Guess again!
Recently, the Australian Financial Complaints Authority backed insurers in three separate vehicle claims lodged by customers claiming the appearance of a kangaroo had resulted in them crashing their vehicles.
In the decision of Mason v Cashel Financial Services Pty Limited [2021] NSWSC 201 delivered on 9 March 2021, the Supreme Court of NSW confirmed that an indemnity in a contract between an AFSL holder and its authorised representative, entitled the AFSL to recover an insurance excess and deductible incurred to settle a claim brought by a third-party investor arising from the conduct of the representative.
The decision makes clear what has been known for a long time: that a properly drafted indemnity gives a clear right to license holders to recover far reaching losses arising from the negligence and omissions of authorised representatives.
An Arbitrator in the Personal Injury Commission has found that a worker, who sustained psychiatric injury when her employer stood her down during the early stages of the COVID-19 pandemic, was not entitled to compensation.
As a lawyer primarily focused on Property and Financial matters, clients often ask me: what's better - a bank guarantee or a security bond?
As with many questions posed by clients, the answer is entirely dependent on who is asking - and in turn, their individual circumstances.
Let's take a look at the differences.
Click through to watch Holman Webb's first Insurance webinar of the year: 2020 - A Year in Review.
Presented by national insurance group leader John Van de Poll, this 50 minute webinar discussed a wide range of interesting and important insurance matters from 2020.
Discussion topics include:
An interesting case has just been decided by Her Honour Richards J in the Victorian Supreme Court involving high-risk sporting activities and the effect of a waivers in protecting the insured and its insure
The business interruption test case in the NSW Court of Appeal has resulted in a decision favouring policyholders, rather than insurers.
This test case has awakened insurers to the importance of obtaining regular legal advice in order to stay up to date with all relevant (and potentially problematic) legislative changes.
In the latest episode of The Lawyers Weekly Show, host Jerome Doraisamy is joined by Holman Webb Workplace Relations Partner Alicia Mataere and General Insurance Partner Lucy Rooney to discuss recent changes to the Work, Health and Safety Act and what those changes mean both for corporates and individuals.
In a decision of the NSW Supreme Court given on 26 November 2020, the Court has found that AFCA has no jurisdiction to determine a dispute against an AFSL holder where the complaint arises from the conduct of its representative allegedly acting outside their authority.
The matter of Danbol Pty Ltd v Swiss Re International Se [2020] VSC 23 was originally heard before the Victorian Supreme Court in February 2020. The matter was subsequently appealed and dismissed in November 2020.
The decisions emphasise the importance of a clear and unequivocal acceptance of an offer before an insurance contract will be considered binding.