Insights: General Liability

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An error in method alone is not a ‘shaw thing’ on review

Shaw v Insurance Australia Group Limited t/as NRMA Insurance [2023] NSWSC 1273 Introduction In this case, Justice Rothman of the…

Procedural fairness requires decision makers to ensure those affected by their decisions are fully aware of relevant distinctions

Amos v AAI Limited t/as GIO [2023] NSWSC 1193 Introduction When deliberating a question or matter which will inform a…

“Obvious risk” a key consideration in personal injury cases

Blue Op Partner Pty Ltd v De Roma [2023] NSWCA 161 (12 July 2023) In Blue Op Partner Pty Ltd…

Cyber Security Awareness Month – Are you cyber aware?

October is Cyber Security Awareness Month (CSAM). CSAM is an annual reminder for Australians to stay safe online and protect…

“Property Damage” – Sounds Simple, Right?

At its simplest, a liability policy provides cover to an insured, whose acts and/or omissions cause property damage and/or personal…

Insurer permitted to invoke professional liability exclusion clause for Queensland flooding class action

SunWater Limited v Liberty Mutual Insurance Company [2022] NSWCA 273 Key takeaways Professional liability exclusions are not confined to claims…

Mind your Ps and safety first!

Key takeaways For employers or principals, the benefit of following the 4Ps of safe working can never be under estimated:…

In accommodation settings, does ‘slippery when wet’ mean liable?

Nikolich v Webb [2020] WASCA 169 (21 October 2020) Key takeaways Due to the operation of s 50 of the…

AFCA Decisions: Online insurance purchases, non-disclosures at inception of policy

Key takeaways Insurer bears the onus of proof in establishing it can deny a claim due to non-disclosure. At inception,…

Landlord and agent – the buck stops where?

Yeung v Santosa Realty Co Pty Ltd [2020] VSCA 7 Background On 19 May 2014, the plaintiff, a tenant of…

Insurance, drones and you.

Article 1 of 3 – An Introduction In a series of upcoming articles, we will be providing: An overview of…

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