Blogs

An issue that commonly arises in insurance recoveries is the failure of the plaintiff to realise insured and uninsured losses. An insured person under an insurance policy is only covered for specific losses in accordance with the insurance policy. A motor vehicle insurance policy for example may cover the insured for damage to the insured […]

One of the purposes of subrogation is to prevent one person being unjustly enriched at the expense of another. Right of subrogation allows an insurer who has indemnified the insured against loss to step into the insured’s shoes and pursue recovery of the loss in the name of the insured. In insurance recoveries, the doctrine […]

The general rule is that an authorised driver of an insured vehicle, temporarily becomes the new insured in place of the insured person, for the time that they are in control of the insured vehicle. Though, the authorised driver is not the party to the contract and may not even know about the existence of […]

Section 54 of the Insurance Contracts Act takes a bit of time to digest. So, let’s look at section 54 through some examples. Section 54 affects contracts of insurance which permit an insurer to refuse to payout a claim, either in whole or in part, because the insured has done some act or omission after […]

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 […]