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The recent $2.7 million Supreme Court decision in Kotku Bread Pty Ltd v Vero Insurance Ltd & Anor [2012] QSC 109 confirms that an insurance broker owes a duty of care to its client to not only take reasonable steps...
21 May 2012
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Categorised In: Insurance, General Insurance
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French v. QBE Insurance (Australia) Limited & Others [2011] QSC 105 (13 May 2011)
This recent Supreme Court of Queensland decision highlights how a taxi driver might in some circumstances be liable for injuries...
05 July 2011
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Categorised In: Insurance
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Insight Vacations Pty Ltd -v- Young 2011 HCA 16 (11 May 2011)
This recent High Court decision shows that care is needed when drafting an exclusion clause so that the circumstances in which it applies are not defined too...
21 June 2011
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Categorised In: Insurance
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Miller v Miller [2011] HCA 9
A passenger involved in stealing a car was found to be owed a duty of care after the driver lost control of the vehicle and crashed into a pole.
Facts
The 16 year old plaintiff had been out...
05 May 2011
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Categorised In: Insurance
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Secure Funding Pty Ltd v. Insurance Australia Limited [2010] FCA 1094 (1 October 2010)
Financiers routinely require borrowers to take out insurance cover and to note the insurer’s interests on the policy. This...
24 January 2011
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Categorised In: Insurance
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Nicholas v Wesfarmers Curragh Pty Ltd & Ors [2010] QSC 447
The Supreme Court has recently handed down a decision that touched upon some of the section 45 Insurance Contracts Act (Act) issues dealt with by the High...
16 December 2010
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Categorised In: Insurance
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Selected Seeds Pty Ltd v. QBEMM Pty Limited [2010] HCA 37 (3 November 2010)
This recent High Court case emphasises the need for returning to the basic principles of construction when interpreting an exclusion clause in...
22 November 2010
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Categorised In: Insurance
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A recent appeal decision in the Supreme Court of Western Australia provides a clear example of how the scope of a motorist’s duty to warn other road users about hazards depends greatly on the particular...
16 November 2010
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Categorised In: Insurance
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Cameron v Foster & Anor [2010] QSC 372
This is not an analysis of the 2010 federal election or WorkChoices. This is the latest chapter in the ongoing saga about the recovery of damages for care in personal injuries...
25 October 2010
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Categorised In: Insurance
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Australian Insurance Holdings Pty Ltd v Chan [2010] FCA781 22 July 2010.
This recent decision illustrates that the courts will protect sensitive pricing information and models associated with insurance product pricing....
16 September 2010
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Categorised In: Employment & Workplace Relations, Insurance
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Kovacevic v Holland Park Holdings Pty Ltd [2010] QDC 279
A Brisbane gym operator was recently held liable in contract and negligence after a woman slipped and fractured her ankle during a ‘Body Attack’ class...
01 September 2010
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Categorised In: Insurance
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Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd (No 4) [2010] FCA 482 (May 2010)
Mr O’Shanassy owned a legal practice, Sagacious Legal Pty Ltd. In 2004 Sagacious Legal took out a policy of insurance...
27 May 2010
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Categorised In: Transport, Insurance
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Vos v Hawkswell & Anor [2010] QCA 92
Cooper Grace Ward represented the interests of the defendants in this District Court action before Justice Searles in Toowoomba last year.
A motor vehicle accident occurred after...
29 April 2010
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Categorised In: Insurance
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On 17 March 2010, the long debated and long awaited amendment bill became law. The Act is really something of a compromise, attempting to balance the interests of injured Queenslanders, while at the same time...
01 April 2010
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Categorised In: Insurance
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Recently, the Insurance Contracts Amendment Bill 2010 (Cth) was introduced into parliament and proposes to make significant amendments to the duty of utmost good faith and the duty of disclosure.
The duty of utmost good...
31 March 2010
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Categorised In: Commercial Finance, Insurance