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The Importance of Being Earnest (or at Least Timely and Polite) in Dealing with Insureds – a Discussion on Non-Financial Loss Determinations by AFCA

The Importance of Being Earnest (or at Least Timely and Polite) in Dealing with Insureds – a Discussion on Non-Financial Loss Determinations by AFCA

by | | Uncategorized

Written by Erin Martin Pursuant to the Australian Financial Complaints Authority’s Rules, rule D.3.3(b) to be precise, AFCA can make a determination requiring an insurer to compensate a complainant for non-financial loss if the complainant has experienced ‘an unusual...
The Court’s Constraints on the Third Party’s Net Loss Claim: Yildrim v Car Accident Rental Solutions LTD

The Court’s Constraints on the Third Party’s Net Loss Claim: Yildrim v Car Accident Rental Solutions LTD

by | | Uncategorized

Written by Ravneet Sandhu The Victorian Supreme Court decision in Yildrim v Car Accident Rental Solutions Pty Ltd [2023] VSC 703 questioned the entitlement of a claimant, who was registered for GST, to claim the GST component of the market value of their vehicle....
Pafburn Pty Limited v The Owners – Strata Plan No 84674 [2024] HCA 49

Pafburn Pty Limited v The Owners – Strata Plan No 84674 [2024] HCA 49

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Written by Sindri Bergsson On 11 December 2024, the High Court of Australia issued a majority 4:3 decision which held that claims for breaches of the statutory duty owed under s37 of the Design and Building Practitioners Act 2020 (NSW) (DBP Act) are generally not...
A Tale of He Said, She Said – Who Do You Believe and Where Does the Truth Lie?

A Tale of He Said, She Said – Who Do You Believe and Where Does the Truth Lie?

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Written by Scarlett Eadie Motor vehicle collisions that occur at intersections controlled by traffic lights are a common occurrence. These types of collisions can, at times, be difficult to resolve as often it is a case of, he said, she said, with both drivers...
Where Did the Third Party Go? Pursuing Recovery Under Section 51 of the Insurance Contracts Act 1984 (Cth)

Where Did the Third Party Go? Pursuing Recovery Under Section 51 of the Insurance Contracts Act 1984 (Cth)

by | | Uncategorized

Scenario: You are a claims officer and a claim is allocated to you where the insured is not liable for the collision. The insured says to you that after the collision occurred, they obtained the insurance details of the third party and you are able to confirm that the...
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