Written by Sindri Bergsson Enkelmann v Stewart [2026] QCA 67 and the Post-Hunt Leather Landscape for Insurer Recoveries. The Facts A farmer (Enkelmann) builds a levee on his land to keep floodwater off his cotton crop. It also redirects that water onto his neighbour’s...
Written by Madeleine Los Section 54 of the Insurance Contracts Act 1984 (Cth) (ICA) is a significant and frequently litigated provision in Australian insurance law. Its operation has consequences for claims handling, and insurers must understand its correct...
Written by Katie Vilsbaek Preliminary discovery and inspection is a useful pre-litigation procedure which allows a party to ascertain a prospective defendant’s identity and obtain documents and/or information to assist in determining whether or not to commence legal...
Written by Matthew Cooper Dual insurance, also known as double insurance or overinsurance, refers to a situation in which the insured takes out more than one policy covering the same loss. Where dual insurance exists such that Insurer X and Insurer Y cover the same...
Written by Riley Gay and Tiah Mepani An insurer’s position on a claim can be compromised by a policyholder’s acts or omissions before and after a general insurance policy has been entered. The insurance contract may set out what an insurer can do in the event of a...
