Earlier Cases // Insurance

Interlocutory decision, client was successful.  Insurers unreasonably failed to accept settlement offer for appeal. Ordered to pay indemnity costs from date when offer ought to have been accepted.

Before High Court client was successful.  On appeal client was successful before Court of Appeal. At trial client was successful. Road transport company client. Heavy haulage vehicle insurance. Decision of trial judge, requiring insurers to indemnify insured, upheld. Insurers’ appeal dismissed

At trial client was not successful. Marine insurer client. Marine insurance. Gas turbine transformers damaged during sea voyage. Claim for production of documents in possession of Indian manufacturer relevant to packing. Insured held entitled to indemnity for repair costs

On appeal client was not successful, by majority. One appeal judge would have dismissed the appeal in favour of client. At trial client was successful. Life insurer. Income protection insurance. Director of accounting firm. Depression. Held not disabled.

Before High Court client was successful.  On appeal client was successful before Court of Appeal. At trial client was successful. Road transport company client. Heavy haulage vehicle insurance. Operation of prime mover and trailer combinations by drivers who were not ‘PAQS’ tested. Section 54 of the Insurance Contracts Act precluded insurer from denying indemnity. By reason of breach of contract of insurance, insurer liable to pay damages for loss of opportunity to earn profits from replacement vehicle

Interlocutory decision.  Client was successful. Marine insurance. Gas turbine transformers damaged during sea voyage. Claim for production of documents in possession of Indian manufacturer relevant to packing

An appeal was fully argued but settled before judgment. At trial client was not successful.  Life insurance contract beneficiary client. Life insurance contract. Barrett’s oesophagous. Whether non-disclosure or misrepresentation. Whether waiver of duty of disclosure. Compliance with s.29(4) of Insurance Contracts Act 1984 (Cth).

This decision was the subject of an appeal to the Full Court of the Federal Court (on grounds of misapprehension of medical evidence and erroneous finding as to who was the insured’s personal representative).The appeal was fully argued but the case settled before an appeal judgment was delivered

On appeal client was successful. Rail maintenance company client. Subrogated claim by insurer. Agreement by contractor to obtain insurance for sub-contractors. Damage by fire to construction works by sub-contractor’s negligence. Insurance of sub-contractors. Application for special leave to appeal to the High Court dismissed [2008] HCATrans 380

Client was successful. Interlocutory decision.  Housing indemnity insurance. Whether indemnity by builder re-insurance. Illegality. Application to strike out pleading.

Client was successful. Interlocutory decision. Housing indemnity insurance. Whether indemnity by builder re-insurance. Illegality. Summary judgment.

Marine insurance. Loss of vessel in cyclone. Whether claim excluded because vessel not moored on cyclone proof mooring.

Dispute between workers’ compensation insurers. Liability to indemnify employer

Property insurance. Loss of orchids. Inspection of documents. Legal professional privilege. Investigation of insurance claim

Inspection of documents. Legal professional privilege. Investigation of insurance claim

Compulsory third party injury motor vehicle insurance. Meaning of “directly caused by, or by the driving of, the vehicle”.

Marine insurance. Liability cover. Meaning of the “sea”.

Insurance contract. Employers’ indemnity. Loss of chance. Prejudice. Section 54 of the Insurance Contracts Act

Contract to obtain insurance. Indemnity dispute. Public liability

Marine insurance. Liability cover. Meaning of the “sea”. Appeal to High Court of Australia dismissed [2003] HCA 39

Disability insurance.  Limitation period

Construction insurance. Strike out.

Marine insurance . Non-disclosure. Alleged misrepresentation and arson.

Disability insurance. Limitation period

Employer’s liability insurance. Prejudice to insurer. Decision overturned by High Court of Australia [2001] HCA 73

Disability insurance

Marine insurance. Procedure. Joinder of parties to appeal.

Employer’s liability. Insurance indemnity.

Public liability. Marine insurance

Motor vehicle insurance. Alleged arson.

Insurance. Indemnity. Public liability

Marine insurance. Subrogation. Negligence. Engineers.

Marine insurance. Negligence. Engineers

Municipal liability scheme cover. Statutory Authority liability. Economic loss. Alleged negligent representation and dealing with town planning

Municipal liability scheme cover. Statutory Authority liability. Economic loss. . Alleged negligent representation and dealing with town planning

Motor vehicle insurance

Public liability insurance

Employer’s indemnity. Public liability. Motor vehicle injury.

Public liability insurance. Contribution. Lease.

House contents insurance. S54.  Good faith.

Public liability insurance. Subrogation. Claim against co-insured.

Public liability insurance. Contribution. Lease

Employers indemnity. Successive insurers. Issue estoppel

Insurance. House contents. S54. Good faith.

House insurance.

Motor vehicle insurance.

Household contents insurance. S54. Good faith.

Mesothelioma. Insurance

Mesothelioma. Insurance

Insurance. Subrogation. Indemnity

Insurance. Indemnity