Blogs

A useful provision of the Insurance Contracts Act 1984 (Cth) is section 51. Section 51 provides that a third party who is not a party to an insurance contract but has a claim against the insured person under the insurance contract can instead, direct that claim against the insurer if the insured person under the […]

What is Misrepresentation in insurance? Misrepresentation in insurance occurs when a party to a contract of insurance is provided with false or inaccurate information. It’s often discovered when it’s too late to revisit the terms of the contract. It can amount to a breach of the duty of utmost good faith. Misrepresentations are often captured […]

In Australia, the liability of carriers is governed by the Civil Aviation (Carriers Liability) Act 1959 (Cth) (“the Act”). A person is entitled to a claim with respect to damage to their registered baggage under section 29 of the Act. Section 29 (1) imposes liability on the carrier for the destruction, loss or damage to […]

Right of subrogation is a commonly misunderstood principle. The Concise Australian Legal Dictionary defines subrogation as: “the substitution of one person for another in respect of a lawful claim, demand, or right, so that the person substituted succeeds to or acquires the right, remedies, or securities of the other in relation to the claim.” Lets […]

Insurance Contracts may contain exclusion clauses. But the exclusion clauses won’t give the insurer the right to completely deny a claim. The insurer may still remain liable to a certain extent. A motor vehicle insurance policy may exclude underbody damage cover, overhead damage cover or restrict cover for the insured to certain geographical areas. Insurance […]

Firstly, success should not be confused with a commercial compromise or a favourable court judgment. A commercial compromise is usually not an outcome which reflects a client’s objectives or needs when they became a party to the dispute. It involves sacrifices by both parties to allow them to reach a point where consensual resolution is […]

There is certain information that is vital to the formation of a contract of insurance (“COI”). Concealment or misrepresentation of information by one party may prejudice the position of the other under the COI and result in disputes. If you know that your motor vehicle is an imported version of a Lexus, you have an […]

If you want to know about the consumer guarantees under the Australian Consumer Law (ACL), read this. The Australian Consumer Law (ACL) is located within Schedule 2 of the Competition and Consumer Act 2010 (Cth). The purpose of the ACL is to (amongst other things) protect consumers, through guarantees of fair-trading and consumer protection. A […]

Insurance is a relationship of indemnity which exists between two parties, the insurer and the insured. The insurance relationship most commonly arises by a contract of insurance (COI). The COI exists between the insurer who undertakes, in return for some agreed consideration (the premium) to pay the insured a sum of money or provide an […]

In a busy environment, you may have no time to put aside for thinking. You’re overwhelmed with cases. You need to move on and action the rest of the outstanding matters. Your day is filled with activities. Activities which are weighed up against your KPIs. You measure your productivity according to the number of documents […]