Topics: Insurance

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 narrowly. Otherwise, it may work against the party seeking to rely on the clause.

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. Miller v Miller [2011] HCA 9

Financiers routinely require borrowers to take out insurance cover and to note the insurer’s interests on the policy. This case illustrates the limited cover available to financiers who are noted as “interested parties” in circumstances where the insured’s actions trigger an exclusion in the policy.

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 Court in the ‘Speno’ case (Zurich Australian Insurance Ltd v Metals & Minerals Insurance Pty Ltd [2009] HCA 50), including the meaning of

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 circumstances of the case. These circumstances will often include speeds and distances of travel, driver

Questions of whether embarkation stairs were safe and caused a passenger to fall were not relevant in deciding if an “accident” had occurred in accordance with international air carriers’ liability principles.

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.

Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd (No 4) [2010] FCA 482 (May 2010)

Coynes Freight Management Group (Coynes) operated two warehousing businesses. Armik Group Pty Ltd imported vodka from overseas and arranged for its storage at one of the warehouses that was licensed to store underbond goods. The importation of the vodka attracted customs duty. One week after importation, 849 cartons of vodka

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 the plaintiff overtook the defendant’s vehicle at a T intersection and then stopped in the defendant’s path on two occasions before pulling over

A recent decision of the Full Court of South Australia has highlighted the extensive damages awards that can follow the supply of equipment that is not fit for the purpose contemplated by the buyer.