Insurance Archives - Page 11 of 12

Highway hijinks leading to motor vehicle accident – win for the insurer in the Court of Appeal

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 ...

Damages for breach of contract: the “heavy cost” of a vehicle that weighed too much

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 ...

The Civil Liability and Other Legislation Amendment Act 2010 – what You Need to Know

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, ...

Round one to the defendants. Back to your corners.

There is a perception that courts sometimes “bend over backwards” to assist self acting parties. Few would dispute the social utility of courts assisting self acting parties, provided that the ...

Indemnity clauses and hire agreements – when wide enough is not good enough

Westina Corporation Pty Ltd (Westina) was a haulage contractor trading under the name “Jamieson Transport”. In 2005 it hired a road train comprising a prime mover and three trailers to ...

Gateway 237 – when an application is not an application

Section 237 of the Workers Compensation and Rehabilitation Act 2003 (and its predecessor) has been the subject of much scrutiny over the years, and for good reason. This so called ...

Who cares? The insurer does

Another amendment. Another loophole. That has been the story confronting workers’ compensation insurers over the last 13 years as they have campaigned for the removal of a claimant’s entitlement to ...

Another claim backfires – liability of the hotelier for the criminal conduct of its patrons

Hoteliers can breathe a little more easily thanks to the High Court’s recent rejection of two personal injury claims for damages totaling almost $1.2M. This comes on top of the ...

When success turns to failure – liability of the hotelier to the intoxicated patron

Earlier this year we reported on the outcome of this litigation before the Tasmanian Full Court. We said at the time that an intoxicated party recovering compensation will always grab ...

A million dollar incentive – when trucks and trains collide

Level crossing accidents attract a lot of media attention, usually because they involve serious injury and major damage. Litigation will often follow to recover damages for injury, property damage, loss ...

Brodribb re-visited – comforting principles for principals

For many years there has been tension between the legal principles governing the relationship between an employer and employee and those principles which govern the relationship between a principal and ...

Balancing rights – examining the examination

This recent Supreme Court decision highlights the inherent power of the Court to compel a claimant to attend an independent medical examination even where that examination may cause pain, distress ...

Topics: Insurance

Highway hijinks leading to motor vehicle accident – win for the insurer in the Court of Appeal

Damages for breach of contract: the “heavy cost” of a vehicle that weighed too much

The Civil Liability and Other Legislation Amendment Act 2010 – what You Need to Know

Round one to the defendants. Back to your corners.

Indemnity clauses and hire agreements – when wide enough is not good enough

Gateway 237 – when an application is not an application

Who cares? The insurer does

Another claim backfires – liability of the hotelier for the criminal conduct of its patrons

When success turns to failure – liability of the hotelier to the intoxicated patron

A million dollar incentive – when trucks and trains collide

Brodribb re-visited – comforting principles for principals

Balancing rights – examining the examination

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