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Our legal experts will keep you up to date on all relevant and current developments.

Is that you Skip? AFCA Backs Insurers in Claims Involving Alleged Collisions with Marsupials

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.


Supreme Court Upholds AFSL Holder’s Right to Claim Indemnity From an Authorised Representative for Insurance Deductibles

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. 


Insurance Webinar Recording: 2020 – A Year in Review

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:


[Registrations Closed] Upcoming Insurance Webinar: 2020 – A Year in Review (Tuesday 16 February)

Holman Webb is pleased to invite readers to join our General Insurance Group for our first insurance webinar of the year: 2020 - A Year in Review.

Presented by Partner and National Insurance Group Leader John Van de Poll and taking place on Tuesday 16 February 2021, this webinar will examine a range of significant cases from 2020.


Business Interruption Decision Likely to be Appealed in the High Court

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.


A Lesson in Unequivocal Acceptance: Danbol Pty Ltd v Swiss Re International Se
Friday 13 November 2020 / by Pat O’Shea & Kate Witt posted in Insurance Insurance Contracts Unequivocal Acceptance

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.


Four Partners, One Special Counsel Listed in Doyle's Guide 2020

Congratulations to four Partners and one Special Counsel, who have each been included in recently published Doyle's Guide 2020 lists, including:

  • Leading Dust Diseases Lawyers (Defendant) - Queensland;
  • Leading Dust Diseases Liability Lawyers (Defendant) - South Australia; and
  • Leading Compulsory Third Party Insurance Lawyers (Defendant) - New South Wales.

In addition, Holman Webb is the only firm listed in the Doyle's Guide 'First Tier' category, on the recently published Leading Dust Diseases Law Firms (Defendant) – Queensland list.  Similarly, Holman Webb is listed in the 'Leading' category for Leading Dust Diseases Law Firms (Defendant) – South Australia.


Jumping Castles and Insurance in Australia
Tuesday 6 October 2020 / by Natasha Miller posted in Insurance Jumping Castles Bouncy Castles Injury Liability

Jumping castles, otherwise known as bouncy castles or inflatable trampolines, are a firm favourite at fetes, birthday parties, beer gardens – and even in pools.  

Of course, like any form of fun, they have their hazards.


Claimants Entitled to Compensation for the Cost of Hiring a Reasonably Equivalent, Commensurate, or Comparable Replacement Vehicle
Tuesday 23 June 2020 / by Charbel Trad posted in Insurance

The latest development in the ever-changing world of 'Loss of use' claims has seen the NSW Court of Appeal hand down their respective decisions in Lee v Strelnicks; Souaid v Nahas; Cassim v Nguyen; Rixon v Arsalan [2020] NSWCA 115


Legal Lockdown - Episode 9: Pivoting Your Business to Navigate a Crisis

Is your company ready to pivot in the event of a crisis?

In the latest episode of Legal Lockdown, Adriana Giometti speaks with Karina Rodríguez Díaz, Crisis Management Underwriting Manager, Australasia at HDI Global Specialty SE, to discuss how organisations within a wide range of industries have managed to pivot their businesses in order to adapt to changes brought about by the COVID-19 crisis.


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