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Case review 2019-05-22
On 24 April 2019, Rees J in the NSW Supreme Court considered whether there was double insurance where an Insured held two public liability policies for the same risk, one containing an ‘excess clause’ and the other an ‘escape clause’.
Following recent judgments in England and Wales moving in favour of insurance brokers and their professional indemnity insurers, this article provides an overview of the standards required of insurance brokers and other professionals who advise insured clients in several key jurisdictions.
Case review 2019-01-18
The New South Wales Supreme Court of Appeal has handed down its decision in the matter of Mobis Parts Australia Pty Ltd v XL Insurance Company SE  NSWCA 342. The decision provides authority in relation to the equitable remedy of rectification, the common-law test for loss and costs.
Case review 2018-06-14
The Victorian Supreme Court decision challenges clauses that propose to impose limits on claims under the Australian Consumer Law and is particularly relevant for insurers in assessing their exposure in recovery actions or in defending claims under the consumer law.