Insureds' obligation to mitigate loss: how much do you have to suffer?
The Victorian Supreme Court has given useful guidance on mitigation of loss in insurance in Orica Australia Pty Ltd v Limit (No 2) Ltd [2011] VSC 65 (Clayton Utz acted for Orica)
View ArticleAccessing the deep pockets - when will a court let others inspect your...
In recent Alerts we have been following a number of cases that have dealt with applications by claimants and potential claimants for access to details of liability insurance held by a defendant or...
View ArticleFraud and legal risk: what employers need to know
Sally Sheppard and Dan Trindade talk to BRR Media about how employers should respond when they discover fraud in the workplace.
View ArticleLitigation lessons from the GFC
What should companies do now to get ready for litigation arising from the next financial downturn? Mark Waller shares some lessons for companies from the GFC with BRR Media.
View ArticleHigh Court says there's no double insurance if there's no common burden
You make a deal which requires you to indemnify the other party, so you take out insurance. Now there are two insurance policies to cover one loss - or are there?
View ArticleInclude me out: exclusion clauses, reinsurance, and section 18B of the...
Exclusions and limitations have a precise meaning separate to the scope of cover, according to the High Court's decision in Westport Insurance Corporation v Gordian Runoff Ltd [2011] HCA 37 on...
View ArticleWhat's getting in the way of climate change adaptation, asks Productivity...
Is Government regulation helping or hindering adaptation to climate change? The Productivity Commission has a wide-ranging brief to investigate environmental, insurance, tax, labour and other sorts of...
View ArticleClayton Utz four named 'Lawyers of the Year' in 2012 Best Lawyers Australia list
Four Clayton Utz lawyers have been recognised by their peers as among Australia's best lawyers, according to the results of the 2012 Best Lawyers Australia peer review.
View ArticleAdvertising and distributing insurance products: navigating the regulation
The challenge for issuers and distributors of insurance is making the right message clear while complying with relevant laws. David Gerber and Craig Hine give some guidance on the law and ASIC's views.
View ArticleAustralian Government looks at treating Tier 2 instruments issued by ADIs as...
As part of the Basel III implementation, the Australian Government is seeking views on whether eligible Tier 2 instruments issued by ADIS can be treated as debt for tax purposes. Louise McCoach and...
View ArticleCan an employer sue if a third party's negligence injures or kills an employee?
The High Court has confirmed that when an employee is injured or killed as a result of someone else's negligence, the employer has at least two ways to recover some of its losses from the negligent...
View ArticleClayton Utz lawyer recognised for outstanding contribution to insurance law...
Clayton Utz Insurance partner Peter Mann was last night awarded the 2012 Australian Insurance Law Association (AILA) Prize for his outstanding contribution to the insurance law industry, at the AILA's...
View ArticleTreasury releases income tax relief for Tier 2 instruments
Currently, Tier 2 instruments could be treated as equity for tax purposes, in which case interest payable on the instruments would not be tax deductible, but as Louise McCoach, Mark Friezer and Alex...
View ArticleClayton Utz appoints five new partners
Leading independent Australian law firm Clayton Utz has announced the appointment of five new partners, effective 1 January 2013.
View ArticleBridgecorp appeal: The latest on defence costs under a D&O policy and the...
Should companies purchase a defence costs only policy, separate to their D&O policy, to cover their directors and officers? This has been a live issue, following the uncertainty caused by the New...
View ArticleContractual indemnities - drafting effective clauses
An indemnity is little more than an agreement to cover loss and damage suffered by another. Despite being a seemingly straightforward concept, contractual indemnities are often a source of disputes.
View ArticleDefence costs under D&O policies can be advanced safely, says NSW Court of...
Directors and officers involved in legal proceedings should be able to access defence costs under their D&O policies without fear that they will be subject to a statutory charge imposed by section...
View ArticleAccess to insurance policies: another potential plaintiff seeks access to...
It remains to be seen whether the High Court will confirm a further exception to the traditional rule that insurance policies are generally not relevant and should not be disclosed to litigants.
View ArticleClaims made policies held by deregistered companies
The fact that a deregistered company's policy was "claims made" did not prevent a direct claim against the insurer under section 601AG, as Mark Waller and Fred Hawke explain.
View ArticleClass actions undercut by insurance
It is possible for a successful class action to turn out to be almost worthless, according to a new Federal Court decision. Fred Hawke and Mark Waller see what this means for future class actions, and...
View ArticleThe trans-Tasman gulf on advancing defence costs under a D&O policy widens
Can an insurer advance defence costs to a director or officer safely, or are they subject to a charge from anyone with a claim against that director or officer? David Gerber catches up with the latest...
View ArticleInsurers' compliance snapshot for ASIC's regulatory drivers in 2014
A recent speech by Peter Kell from ASIC gives useful insight into some of ASIC's areas of focus for insurers in 2014, as Samantha Carroll and Emma Thompson explain.
View ArticleTo disclose or not disclose? Some legal guidelines
Mark Waller and Chris Erfurt highlight some risks for boards to consider when deciding how or what to disclose to the market in relation to litigation, and how to manage them before problems arise.
View ArticleClayton Utz acts for NYSE listed AJG on $1 billion Wesfarmers deal
Leading independent Australian law firm Clayton Utz is advising New York Stock Exchange listed international risk management and insurance broking group Arthur J. Gallagher & Co.
View ArticleThe new frontier: Cyber risk management and insurance part 1
With the rise in cyber attacks, many businesses assume their insurance will cover them if the worst happens. That assumption might be very wrong, warns David Gerber.
View ArticleThe new frontier: Cyber risk management and insurance part 2
David Gerber looks at the different types of insurance that is available to manage the risks posed by our increased use of information technology.
View ArticleTaking Exit 54: High Court takes a right turn on insurance claims
Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33 reinforces that insurers will not be permitted to rely upon drafting devices to refuse cover where a failure to comply with a policy term had nothing to...
View ArticleThe pendulum swings: Victoria looks at reducing Wrongs Act limitations on...
The Victorian Commission and Efficiency Commission has made recommendations. Sara Dennis, Yehudah New and Daniel Bolkunowicz say that, if these are adopted, it would be easier for some victims of...
View ArticleClayton Utz awarded inaugural WGEA Employer of Choice for Gender Quality...
Clayton Utz has today been named on the Workplace Gender Equality Agency's (WGEA) inaugural list of Employer of Choice for Gender Equality (EOCGE) citation holders.
View ArticleMitigating your claim away: An unmitigated disaster
Just how far must the insured go in mitigating its loss, at common law or pursuant to an express policy obligation and what, if anything, can claim from its insurer to cover its costs of mitigation?
View ArticleSchrodingers claim: The quantum mechanics of circumstance notification
Fred Hawke summarises the recent case-law on ambit of circumstance notifications and attempts to extrapolate some general guidance principles.
View ArticleGetting it right: deeds and indemnity and directors and officers insurance
Michelle Hocking says directors and officers who want the most comprehensive protection should insist upon a deed of indemnity.
View ArticleClayton Utz acts for GWA Group on strategic sale of Brivis climate systems...
Clayton Utz recently acted for ASX-listed GWA Group Limited (GWA Group) on two strategic divestments of non-core assets, representing a total transaction value of A$95.2 million.
View ArticleAre you insured against losses from a terrorist incident?
The Terrorism Insurance Act may help some insureds in the event of a terrorist incident in Australia, but, as David Gerber and Craig Hine explain, limits on what it covers and practical difficulties...
View ArticleCU LAB: Cyber Risks with David Gerber
Are you covered for cyber risks? Maybe not, says David Gerber.
View ArticleASIC calls for health check on cyber resilience
The ASIC report suggests that licensees regulated by ASIC should be conducting a "health check" of their cyber resilience.
View ArticleTen issues in notifying circumstances under a claims made liability policy
A claims made policy may also respond to a claim made after the policy has expired, if the claim is notified but how? And when? David Gerber and Craig Hine set out a roadmap to ensure your claim...
View ArticleInsurance and Reinsurance Review 2015
David Gerber and Craig Hine explain insurance and reinsurance law in Australia in this chapter excerpted from The Insurance and Reinsurance Law Review by Law Business Research.
View ArticleLiquidators face (re)insurance problems
Karen O'Flynn, Fred Hawke and Mark Waller warn that, as a result of the recent HIH decision, liquidators of insurance companies face a major quandary when assessing reinsurance recoveries.
View ArticleInsurers can't opt out of class action on insureds' behalf, says court
A court has ruled that, unless there is an express contractual right to do so, an insurer which has paid part of an insured's loss does not have authority to conduct and control the insured's right to...
View ArticleTo disclose or not disclose? Some legal guidelines
Companies are encouraged to carefully consider the implications of disclosure of litigation, and D&Os to review their insurance and indemnity arrangements generally.
View ArticleBe informed - and inform - to avoid goods and services tax liability on...
The insured must inform the insurer strictly in accordance with the timeframe prescribed by the GST Act ? or be exposed to potentially unforeseen and adverse tax implications.
View ArticleProportionate liability - managing disputes and risk in the wake of Selig
Plaintiffs can now avoid the operation of the proportionate liability regime by also pleading and providing non-apportionable claims as a result of Selig, warn Mark Waller and Chris Erfurt.
View ArticleKidnap and ransom insurance: Don't wait until you need it!
Kidnap and ransom insurance is one of the most valuable yet underutilised insurance policies in your company's insurance portfolio, as Claire Wesson explains.
View ArticleClayton Utz promotes five to the partnership from 1 January 2016
Leading Australian law firm Clayton Utz is proud to announce the following partner appointments, effective 1 January 2016.
View ArticleInsurance clauses in contracts - keeping the focus
Keeping insurance front of mind when drafting contracts can help you avoid any nasty issues arising down the track, says Michelle Hocking.
View ArticleCIC's landmark Investa acquisition a finalist for Asia-Pacific M&A Deal of...
Clayton Utz client China Investment Corporation's (CIC) $2 billion plus acquisition of Investa Property Group's (Investa) office tower portfolio in 2015 is in the running for M&A Deal of the Year...
View ArticleInsurers must come to the liquidator's party
What happens if you have a real interest in insurance proceeds, the insurer is sitting on the fence or denying liability, and the insured either can't or won't pursue a claim? There could be a way out...
View ArticleASIC issues cyber resilience assessment report
A new ASIC report places the overall responsibility for cyber resilience firmly on the board of directors, says David Gerber.
View ArticleWhat sets a contract of insurance apart from other contracts?
Contracts of insurance attract a unique set of principles of interpretation, and are subject to a comprehensive regulatory regime.
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