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Marine Insurance Act Under Review - Hicksons Maritime law specialist Derek Luxford on ANZIIF

The Maritime Law Association of Australia and New Zealand (MLAANZ) has drafted a bill to significantly amend the Commonwealth Marine Insurance Act 1909 (MIA).
Blog

Gold and Good faith – County Court rejects an insurer’s denial of claim on the basis of fraud

The County Court of Victoria recently considered a case involving a range of insurance issues, including what is required to substantiate a claim, the duty of utmost good faith, fraud and the application of s54 of the Insurance Contracts Act 1984 (Cth) (“ICA”).
Blog

Reasonably perfect – an occupier’s duty of reasonable care

Proceedings in the District Court of NSW against Woolworths Limited as the operator and occupier of the supermarket, claiming damages for injuries sustained.
Blog

Primacy of Primary Insuring Clause

Schmidt J of the NSW Supreme Court has reminded us of the importance of examining the terms of the primary insuring provisions of policies in determining whether they respond.  This examination includes a requirement that the policy be interpreted to give it a business like interpretation.
Blog

Limitation period changes for child abuse actions may lead to spike in claims

In New South Wales (NSW) there is no longer any limitation period for past, present or future child abuse actions.

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