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...
Written by Olivia Fisher If you own or insure personal property that is handled by others, then it pays to be aware of bailment. Entrusting your property to another risks that property being lost, damaged, or stolen. Should the worst-case occur, you may consider...
Written by James Clarke Australian Courts have shown a willingness to find that host companies may be vicariously liable for their contracted labour hire workers where there has been a requisite transfer of control – even if the Host company is not the employer of the...
